Text of IL HB 4263 (2014)

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4263 Introduced , by Rep. Josh Harms SYNOPSIS AS INTRODUCED: 750 ILCS 5/209 from Ch. 40, par. 209 If and only if Senate Bill 10 of the 98th General Assembly becomes law, amends the Illinois Marriage and Dissolution of Marriage Act. Provides that no religious organization, including a school, is required to provide religious facilities for a marriage solemnization ceremony or celebration associated with the solemnization if the solemnization ceremony or celebration associated with the solemnization ceremony is in violation of its religious beliefs. Provides that "religious facilities" include places of worship and school buildings but does not include nonsectarian educational facilities. Effective immediately. LRB098 14997 HEP 49953 b A BILL FOR HB4263LRB098 14997 HEP 49953 b 1 AN ACT concerning civil law. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. If and only if Senate Bill 10 of the 98th 5General Assembly becomes law, then the Illinois Marriage and 6Dissolution of Marriage Act is amended by changing Section 209 7as follows: 8 (750 ILCS 5/209) (from Ch. 40, par. 209) 9 Sec. 209. Solemnization and Registration.) 10 (a) A marriage may be solemnized by a judge of a court of 11record, by a retired judge of a court of record, unless the 12retired judge was removed from office by the Judicial Inquiry 13Board, except that a retired judge shall not receive any 14compensation from the State, a county or any unit of local 15government in return for the solemnization of a marriage and 16there shall be no effect upon any pension benefits conferred by 17the Judges Retirement System of Illinois, by a judge of the 18Court of Claims, by a county clerk in counties having 2,000,000 19or more inhabitants, by a public official whose powers include 20solemnization of marriages, or in accordance with the 21prescriptions of any religious denomination, Indian Nation or 22Tribe or Native Group, provided that when such prescriptions 23require an officiant, the officiant be in good standing with HB4263- 2 -LRB098 14997 HEP 49953 b 1his or her religious denomination, Indian Nation or Tribe or 2Native Group. Either the person solemnizing the marriage, or, 3if no individual acting alone solemnized the marriage, both 4parties to the marriage, shall complete the marriage 5certificate form and forward it to the county clerk within 10 6days after such marriage is solemnized. 7 (a-5) Nothing in this Act shall be construed to require any 8religious denomination or Indian Nation or Tribe or Native 9Group, or any minister, clergy, or officiant acting as a 10representative of a religious denomination or Indian Nation or 11Tribe or Native Group, to solemnize any marriage. Instead, any 12religious denomination or Indian Nation or Tribe or Native 13Group, or any minister, clergy, or officiant acting as a 14representative of a religious denomination or Indian Nation or 15Tribe or Native Group is free to choose which marriages it will 16solemnize. Notwithstanding any other law to the contrary, a 17refusal by a religious denomination or Indian Nation or Tribe 18or Native Group, or any minister, clergy, or officiant acting 19as a representative of a religious denomination or Indian 20Nation or Tribe or Native Group to solemnize any marriage under 21this Act shall not create or be the basis for any civil, 22administrative, or criminal penalty, claim, or cause of action. 23 (a-10) No church, mosque, synagogue, temple, 24nondenominational ministry, interdenominational or ecumenical 25organization, mission organization, school, or other 26organization whose principal purpose is the study, practice, or HB4263- 3 -LRB098 14997 HEP 49953 b 1advancement of religion is required to provide religious 2facilities for the solemnization ceremony or celebration 3associated with the solemnization ceremony of a marriage if the 4solemnization ceremony or celebration associated with the 5solemnization ceremony is in violation of its religious 6beliefs. An entity identified in this subsection (a-10) shall 7be immune from any civil, administrative, criminal penalty, 8claim, or cause of action based on its refusal to provide 9religious facilities for the solemnization ceremony or 10celebration associated with the solemnization ceremony of a 11marriage if the solemnization ceremony or celebration 12associated with the solemnization ceremony is in violation of 13its religious beliefs. As used in this subsection (a-10), 14"religious facilities" means sanctuaries, parish halls, 15fellowship halls, places of worship, school buildings, and 16similar facilities. "Religious facilities" does not include 17facilities such as businesses, health care facilities, 18nonsectarian educational facilities, or social service 19agencies. 20 (b) The solemnization of the marriage is not invalidated by 21the fact that the person solemnizing the marriage was not 22legally qualified to solemnize it, if either party to the 23marriage believed him or her to be so qualified or by the fact 24that the marriage was inadvertently solemnized in a county in 25Illinois other than the county where the license was issued. 26(Source: P.A. 95-775, eff. 1-1-09; 09800SB0010enr.) HB4263- 4 -LRB098 14997 HEP 49953 b 1 Section 99. Effective date. This Act takes effect upon 2becoming law.