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Public Act 102-0171
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| SB0139 Enrolled | LRB102 10217 LNS 15541 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of |
Marriage Act is amended by adding Section 221 as follows:
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(750 ILCS 5/221 new) |
Sec. 221. Request for changing or removing gender |
identifying language on a marriage certificate. |
(a) Upon completion of an affidavit provided by the county |
clerk and confirmation of identity, a person, still currently |
married, may request a certificate of the person's current |
marriage free of any gender identifying language. The person |
may request a change from terms such as "bride" and "groom" to |
a nongendered term such as "spouse" or a variant of "Spouse 1" |
or "Spouse A". Upon such request, both parties shall be listed |
with a nongendered identifier on a certificate. The request |
shall not permanently change the gender identifying language |
in the clerk's records, and the affidavit and issuance shall |
be kept in the permanent records of the clerk. |
The affidavit shall be created by the county clerk, may |
appear on a combined form with the form under subsection (b), |
and shall be substantially as follows: |
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE |
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I, .........., state that I am a named spouse on a |
marriage license held in this office, that I am still |
married to the other named spouse on that marriage license |
as of the date of this request, and hereby request the |
holder of this record provide me, and only me, with a |
marriage certificate with any gender-identifying language |
removed or changed to "spouse". I affirm that this change |
is for purposes of this certified copy, the change will |
not be made to permanent records, and a record of this |
request shall be held by the holder of this marriage |
record. |
Date.......... |
Signature.......... |
(b) If 2 parties currently married request a marriage |
certificate with gender identifiers changed, such as "bride" |
to "groom" or "groom" to "bride", both parties shall appear |
before the clerk, indicate consent, and complete an affidavit. |
If the clerk is technologically able and the parties desire, |
the change in gender is permanent. |
The affidavit shall be created by the county clerk, may |
appear on a combined form with the form under subsection (a), |
and shall be substantially as follows: |
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE |
We, ..........[Spouse A] and ..........[Spouse B], the |
still-married named persons on a marriage license held in |
this office as of the date of this request, hereby request |
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the holder of this record to provide a marriage |
certificate with gender-identifying terms such as "bride" |
and "groom" changed as follows: |
..........[Name of Spouse A] Bride, Groom, or Spouse |
(select one). |
..........[Name of Spouse B] Bride, Groom, or Spouse |
(select one). |
We affirm that this change is for purposes of this |
certified copy, and the change will not be made to |
permanent records, unless indicated by selecting Yes or No |
(select one) and a record of this request shall be held by |
the holder of this marriage record. |
Date.......... |
Signature of Spouse A.......... |
Signature of Spouse B.......... |
(c) If a county provides a certified record, photocopy, or |
reproduction of an original record in lieu of a summary data |
sheet, the county clerk shall work with the Department of |
Public Health to develop a new certificate that can be issued |
in lieu of a reproduction of the prior record. Nothing in this |
subsection authorizes the county clerk to permanently mark or |
deface a prior record in lieu of a summary data sheet |
certificate. |
(d) When a clerk issues a nongendered marriage certificate |
under subsection (a), the certificate shall not include any |
language indicating it has been amended nor that it is not a |