Text of IL SB 2637 (2014)

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2637 Introduced 1/21/2014, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED: 750 ILCS 80/Act rep. 750 ILCS 5/201 from Ch. 40, par. 201 750 ILCS 5/209 from Ch. 40, par. 209 750 ILCS 5/212 from Ch. 40, par. 212 750 ILCS 5/213.2 new 750 ILCS 5/220 rep. 750 ILCS 75/60 750 ILCS 75/65 rep. Repeals the Religious Freedom and Marriage Fairness Act. Amends the Illinois Marriage and Dissolution of Marriage Act and the Illinois Religious Freedom Protection and Civil Union Act to make corresponding changes. Effective immediately. LRB098 15056 HEP 50019 b A BILL FOR SB2637LRB098 15056 HEP 50019 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 (750 ILCS 80/Act rep.) 5 Section 5. The Religious Freedom and Marriage Fairness Act 6is repealed. 7 Section 905. The Illinois Marriage and Dissolution of 8Marriage Act is amended by changing Sections 201, 209, and 212 9and by adding Section 213.2 as follows: 10 (750 ILCS 5/201) (from Ch. 40, par. 201) 11 (Text of Section after amendment by P.A. 98-597) 12 Sec. 201. Formalities.) A marriage between 2 persons a man 13and a woman licensed, solemnized and registered as provided in 14this Act is valid in this State. 15(Source: P.A. 98-597, eff. 6-1-14.) 16 (750 ILCS 5/209) (from Ch. 40, par. 209) 17 (Text of Section after amendment by P.A. 98-597) 18 Sec. 209. Solemnization and Registration.) 19 (a) A marriage may be solemnized by a judge of a court of 20record, by a retired judge of a court of record, unless the 21retired judge was removed from office by the Judicial Inquiry SB2637- 2 -LRB098 15056 HEP 50019 b 1Board, except that a retired judge shall not receive any 2compensation from the State, a county or any unit of local 3government in return for the solemnization of a marriage and 4there shall be no effect upon any pension benefits conferred by 5the Judges Retirement System of Illinois, by a judge of the 6Court of Claims, by a county clerk in counties having 2,000,000 7or more inhabitants, by a public official whose powers include 8solemnization of marriages, or in accordance with the 9prescriptions of any religious denomination, Indian Nation or 10Tribe or Native Group, provided that when such prescriptions 11require an officiant, the officiant be in good standing with 12his or her religious denomination, Indian Nation or Tribe or 13Native Group. Either the person solemnizing the marriage, or, 14if no individual acting alone solemnized the marriage, both 15parties to the marriage, shall complete the marriage 16certificate form and forward it to the county clerk within 10 17days after such marriage is solemnized. 18 (a-5) Nothing in this Act shall be construed to require any 19religious denomination or Indian Nation or Tribe or Native 20Group, or any minister, clergy, or officiant acting as a 21representative of a religious denomination or Indian Nation or 22Tribe or Native Group, to solemnize any marriage. Instead, any 23religious denomination or Indian Nation or Tribe or Native 24Group, or any minister, clergy, or officiant acting as a 25representative of a religious denomination or Indian Nation or 26Tribe or Native Group is free to choose which marriages it will SB2637- 3 -LRB098 15056 HEP 50019 b 1solemnize. Notwithstanding any other law to the contrary, a 2refusal by a religious denomination or Indian Nation or Tribe 3or Native Group, or any minister, clergy, or officiant acting 4as a representative of a religious denomination or Indian 5Nation or Tribe or Native Group to solemnize any marriage under 6this Act shall not create or be the basis for any civil, 7administrative, or criminal penalty, claim, or cause of action. 8 (a-10) No church, mosque, synagogue, temple, 9nondenominational ministry, interdenominational or ecumenical 10organization, mission organization, or other organization 11whose principal purpose is the study, practice, or advancement 12of religion is required to provide religious facilities for the 13solemnization ceremony or celebration associated with the 14solemnization ceremony of a marriage if the solemnization 15ceremony or celebration associated with the solemnization 16ceremony is in violation of its religious beliefs. An entity 17identified in this subsection (a-10) shall be immune from any 18civil, administrative, criminal penalty, claim, or cause of 19action based on its refusal to provide religious facilities for 20the solemnization ceremony or celebration associated with the 21solemnization ceremony of a marriage if the solemnization 22ceremony or celebration associated with the solemnization 23ceremony is in violation of its religious beliefs. As used in 24this subsection (a-10), "religious facilities" means 25sanctuaries, parish halls, fellowship halls, and similar 26facilities. "Religious facilities" does not include facilities SB2637- 4 -LRB098 15056 HEP 50019 b 1such as businesses, health care facilities, educational 2facilities, or social service agencies. 3 (b) The solemnization of the marriage is not invalidated by 4the fact that the person solemnizing the marriage was not 5legally qualified to solemnize it, if either party to the 6marriage believed him or her to be so qualified or by the fact 7that the marriage was inadvertently solemnized in a county in 8Illinois other than the county where the license was issued. 9(Source: P.A. 98-597, eff. 6-1-14.) 10 (750 ILCS 5/212) (from Ch. 40, par. 212) 11 (Text of Section after amendment by P.A. 98-597) 12 Sec. 212. Prohibited Marriages. 13 (a) The following marriages are prohibited: 14 (1) a marriage entered into prior to the dissolution of 15 an earlier marriage, civil union, or substantially similar 16 legal relationship of one of the parties, unless the 17 parties to the marriage are the same as the parties to a 18 civil union and are seeking to convert their civil union to 19 a marriage pursuant to Section 65 of the Illinois Religious 20 Freedom Protection and Civil Union Act; 21 (2) a marriage between an ancestor and a descendant or 22 between siblings a brother and a sister, whether the 23 relationship is by the half or the whole blood or by 24 adoption; 25 (3) a marriage between an uncle and a niece, between an SB2637- 5 -LRB098 15056 HEP 50019 b 1 uncle and a nephew, or between an aunt and a nephew, or 2 between an aunt and a niece, whether the relationship is by 3 the half or the whole blood; 4 (4) a marriage between cousins of the first degree; 5 however, a marriage between first cousins is not prohibited 6 if: 7 (i) both parties are 50 years of age or older; or 8 (ii) either party, at the time of application for a 9 marriage license, presents for filing with the county 10 clerk of the county in which the marriage is to be 11 solemnized, a certificate signed by a licensed 12 physician stating that the party to the proposed 13 marriage is permanently and irreversibly sterile; 14 (5) (blank). a marriage between 2 individuals of the 15 same sex. 16 (b) Parties to a marriage prohibited under subsection (a) 17of this Section who cohabit after removal of the impediment are 18lawfully married as of the date of the removal of the 19impediment. 20 (c) Children born or adopted of a prohibited or common law 21marriage are the lawful children of the parties. 22(Source: P.A. 98-597, eff. 6-1-14.) 23 (750 ILCS 5/213.2 new) 24 Sec. 213.2. Same-sex marriages; public policy. A marriage 25between 2 individuals of the same sex is contrary to the public SB2637- 6 -LRB098 15056 HEP 50019 b 1policy of this State. 2 (750 ILCS 5/220 rep.) 3 Section 910. The Illinois Marriage and Dissolution of 4Marriage Act is amended by repealing Section 220. 5 Section 915. The Illinois Religious Freedom Protection and 6Civil Union Act is amended by changing Section 60 as follows: 7 (750 ILCS 75/60) 8 (Text of Section after amendment by P.A. 98-597) 9 Sec. 60. Respect for marriages and civil unions entered 10into in other jurisdictions Reciprocity. A marriage between 11persons of the same sex, a civil union, or a substantially 12similar legal relationship other than common law marriage, 13legally entered into in another jurisdiction, shall be 14recognized in Illinois as a civil union. A marriage, whether of 15the same sex or different sexes and providing that it is not a 16common law marriage, legally entered into in another 17jurisdiction, shall be recognized in this State as a marriage 18in accordance with the provisions of the Illinois Marriage and 19Dissolution of Marriage Act, except that Section 216 of the 20Illinois Marriage and Dissolution of Marriage Act shall not 21apply to marriages of same-sex couples validly entered into in 22another jurisdiction. 23(Source: P.A. 98-597, eff. 6-1-14.) SB2637- 7 -LRB098 15056 HEP 50019 b 1 (750 ILCS 75/65 rep.) 2 Section 920. The Illinois Religious Freedom Protection and 3Civil Union Act is amended by repealing Section 65. 4 Section 995. No acceleration or delay. Where this Act makes 5changes in a statute that is represented in this Act by text 6that is not yet or no longer in effect (for example, a Section 7represented by multiple versions), the use of that text does 8not accelerate or delay the taking effect of (i) the changes 9made by this Act or (ii) provisions derived from any other 10Public Act.