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90_HB0389
750 ILCS 5/212 from Ch. 40, par. 212
750 ILCS 5/213.1 rep.
Amends the Illinois Marriage and Dissolution of Marriage
Act. Eliminates provisions prohibiting a marriage between 2
individuals of the same sex and finding same-sex marriages to
be contrary to public policy.
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1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 212 and repealing Section
3 213.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Marriage and Dissolution of
7 Marriage Act is amended by changing Section 212 as follows:
8 (750 ILCS 5/212) (from Ch. 40, par. 212)
9 Sec. 212. Prohibited Marriages.
10 (a) The following marriages are prohibited:
11 (1) a marriage entered into prior to the
12 dissolution of an earlier marriage of one of the parties;
13 (2) a marriage between an ancestor and a descendant
14 or between a brother and a sister, whether the
15 relationship is by the half or the whole blood or by
16 adoption;
17 (3) a marriage between an uncle and a niece or
18 between an aunt and a nephew, whether the relationship is
19 by the half or the whole blood;
20 (4) a marriage between cousins of the first degree;
21 however, a marriage between first cousins is not
22 prohibited if:
23 (i) both parties are 50 years of age or older;
24 or
25 (ii) either party, at the time of application
26 for a marriage license, presents for filing with the
27 county clerk of the county in which the marriage is
28 to be solemnized, a certificate signed by a licensed
29 physician stating that the party to the proposed
30 marriage is permanently and irreversibly sterile.;
31 (5) a marriage between 2 individuals of the same
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1 sex.
2 (b) Parties to a marriage prohibited under subsection
3 (a) of this Section who cohabit after removal of the
4 impediment are lawfully married as of the date of the removal
5 of the impediment.
6 (c) Children born or adopted of a prohibited or common
7 law marriage are legitimate.
8 (Source: P.A. 89-459, eff. 5-24-96.)
9 (750 ILCS 5/213.1 rep.)
10 Section 10. The Illinois Marriage and Dissolution of
11 Marriage Act is amended by repealing Section 213.1.