Text of IL SB 2164 (2016)

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2164 Introduced 7/28/2015, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED: New Act Creates the Religious Freedom Defense Act. Prohibits the State and local governments from taking discriminatory action against a person if the person believes or acts under a religious belief or moral conviction that marriage is only between one man and one woman, or that sexual relations are properly reserved to such a marriage. Allows a person to assert a claim or defense under the Act in a judicial or administrative proceeding for damages, injunctive relief, declaratory relief, or other appropriate relief against the State or local government. Also allows the Attorney General to seek enforcement of the Act. Defines "discriminatory action", "person", "State benefit program", and "State". LRB099 13183 MRW 37080 b A BILL FOR SB2164LRB099 13183 MRW 37080 b 1 AN ACT concerning religious freedom. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5Religious Freedom Defense Act. 6 Section 3. Findings. 7 The General Assembly finds the following: 8 (1) Leading legal scholars concur that conflicts 9 between same-sex marriage and religious liberty are real 10 and should be legislatively addressed. 11 (2) There are as President Obama stated in response to 12 the decision of the United States Supreme Court on the 13 Defense of Marriage Act in 2013, "Americans hold a wide 14 range of views" on the issue of same-sex marriage, and 15 "maintaining our Nation's commitment to religious freedom" 16 is "vital". 17 (3) Nevertheless, in 2015, when asked whether a 18 religious school could lose its tax-exempt status for 19 opposing same-sex marriage, the Solicitor General of the 20 United States represented to the United States Supreme 21 Court that it is "certainly going to be an issue". 22 (4) Protecting religious freedom from government 23 intrusion is a government interest of the highest order. SB2164- 2 -LRB099 13183 MRW 37080 b 1 Legislatively enacted measures advance this interest by 2 remedying, deterring, and preventing government 3 interference with religious exercise in a way that 4 complements the protections mandated by the First 5 Amendment to the Constitution of the United States and 6 Section 3 of Article I of the Illinois Constitution. 7 (5) Laws that protect the free exercise of religious 8 beliefs and moral convictions about marriage will 9 encourage private citizens and institutions to demonstrate 10 tolerance for those beliefs and convictions and therefore 11 contribute to a more respectful, diverse, and peaceful 12 society. 13 Section 5. Definitions. 14 In this Act: 15 "Discriminatory action" means any action taken by the 16 State to: 17 (1) alter in any way the State tax treatment of, or 18 cause any tax, penalty, or payment to be assessed 19 against, or deny, delay, or revoke an exemption from 20 taxation under any State law or ordinance of, any 21 person; 22 (2) disallow a deduction for State tax purposes of 23 any charitable contribution made to or by any person; 24 (3) withhold, reduce, exclude, terminate, or 25 otherwise deny any State grant, contract, subcontract, SB2164- 3 -LRB099 13183 MRW 37080 b 1 cooperative agreement, loan, license, certification, 2 accreditation, employment, or other similar position 3 or status from or to any person; 4 (4) withhold, reduce, exclude, terminate, or 5 otherwise deny any benefit under a State benefit 6 program from or to any person; or 7 (5) otherwise discriminate against any person. 8 "Person" includes corporations, companies, 9 associations, firms, partnerships, societies, and joint 10 stock companies, as well as individuals and includes any 11 person regardless of religious affiliation or lack 12 thereof, and regardless of for-profit or nonprofit status. 13 "State benefit program" means any program administered 14 or funded by the State, or by any agent on behalf of the 15 State, providing cash or in-kind assistance in the form of 16 payments, grants, loans, or loan guarantees to persons. 17 "State" means all officers, boards, commissions, and 18 agencies created by the Illinois Constitution, whether in 19 the executive, legislative, or judicial branch; all 20 officers, departments, boards, commissions, agencies, 21 institutions, authorities, universities, units of local 22 government, bodies politic and corporate of the State; or 23 administrative units or corporate outgrowths of the State 24 which are created by or under statute or ordinance. 25 Section 10. Protection of the free exercise of religious SB2164- 4 -LRB099 13183 MRW 37080 b 1beliefs and moral convictions. 2 (a) Notwithstanding any other provision of law, the State 3shall not take any discriminatory action against a person, 4wholly or partially on the basis that the person believes or 5acts in accordance with a religious belief or moral conviction 6that marriage is or should be recognized as the union of one 7man and one woman, or that sexual relations are properly 8reserved to such a marriage. 9 (b) The State shall consider accredited, licensed, or 10certified for purposes of State law any person that would be 11accredited, licensed, or certified, respectively, for these 12purposes but for a determination against the person wholly or 13partially on the basis that the person believes or acts in 14accordance with a religious belief or moral conviction that 15marriage is or should be recognized as the union of one man and 16one woman, or that sexual relations are properly reserved to 17such a marriage. 18 Section 15. Judicial relief. 19 (a) A person may assert an actual or threatened violation 20of this Act as a claim or defense in a judicial or 21administrative proceeding and obtain compensatory damages, 22injunctive relief, declaratory relief, or any other 23appropriate relief against the State. 24 (b) Notwithstanding any other provision of law, an action 25under this Section may be commenced, and relief may be granted, SB2164- 5 -LRB099 13183 MRW 37080 b 1without regard to whether the person commencing the action has 2sought or exhausted available administrative remedies. 3 (c) If the person's claim or defense prevails, the person 4shall be awarded reasonable attorney's fees and costs. 5 (d) The Attorney General may bring an action for injunctive 6or declaratory relief to enforce compliance with this Act. 7Nothing in this subsection (d) shall be construed to deny, 8impair, or otherwise affect any right or authority of the 9Attorney General, the State, or any agency, officer, or 10employee of the State, acting under any law other than this 11subsection, to institute or intervene in any proceeding. 12 Section 20. Rules of construction. 13 (a) This Act shall be construed in favor of a broad 14protection of free exercise of religious beliefs and moral 15convictions, to the maximum extent permitted by the terms of 16this Act and the federal and State Constitution. 17 (b) Nothing in this Act shall be construed to preempt State 18law, that is equally or more protective of free exercise of 19religious beliefs and moral convictions. Nothing in this Act 20shall be construed to narrow the meaning or application of any 21State or federal law protecting free exercise of religious 22beliefs and moral convictions. Nothing in this Act shall be 23construed to prevent the State from providing, either directly 24or through a person not seeking protection under this Act, any 25benefit or service authorized under State law.