Text of IL SB 64 (2018)

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0064 Introduced 1/11/2017, 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". LRB100 03642 SLF 13647 b A BILL FOR SB0064LRB100 03642 SLF 13647 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. SB0064- 2 -LRB100 03642 SLF 13647 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. In this Act: 14 "Discriminatory action" means any action taken by the 15 State to: 16 (1) alter in any way the State tax treatment of, or 17 cause any tax, penalty, or payment to be assessed 18 against, or deny, delay, or revoke an exemption from 19 taxation under any State law or ordinance of, any 20 person; 21 (2) disallow a deduction for State tax purposes of 22 any charitable contribution made to or by any person; 23 (3) withhold, reduce, exclude, terminate, or 24 otherwise deny any State grant, contract, subcontract, 25 cooperative agreement, loan, license, certification, SB0064- 3 -LRB100 03642 SLF 13647 b 1 accreditation, employment, or other similar position 2 or status from or to any person; 3 (4) withhold, reduce, exclude, terminate, or 4 otherwise deny any benefit under a State benefit 5 program from or to any person; or 6 (5) otherwise discriminate against any person. 7 "Person" includes corporations, companies, 8 associations, firms, partnerships, societies, and joint 9 stock companies, as well as individuals and includes any 10 person regardless of religious affiliation or lack 11 thereof, and regardless of for-profit or nonprofit status. 12 "State benefit program" means any program administered 13 or funded by the State, or by any agent on behalf of the 14 State, providing cash or in-kind assistance in the form of 15 payments, grants, loans, or loan guarantees to persons. 16 "State" means all officers, boards, commissions, and 17 agencies created by the Illinois Constitution, whether in 18 the executive, legislative, or judicial branch; all 19 officers, departments, boards, commissions, agencies, 20 institutions, authorities, universities, units of local 21 government, bodies politic and corporate of the State; or 22 administrative units or corporate outgrowths of the State 23 which are created by or under statute or ordinance. 24 Section 10. Protection of the free exercise of religious 25beliefs and moral convictions. SB0064- 4 -LRB100 03642 SLF 13647 b 1 (a) Notwithstanding any other provision of law, the State 2shall not take any discriminatory action against a person, 3wholly or partially on the basis that the person believes or 4acts in accordance with a religious belief or moral conviction 5that marriage is or should be recognized as the union of one 6man and one woman, or that sexual relations are properly 7reserved to such a marriage. 8 (b) The State shall consider accredited, licensed, or 9certified for purposes of State law any person that would be 10accredited, licensed, or certified, respectively, for these 11purposes but for a determination against the person wholly or 12partially on the basis that the person believes or acts in 13accordance with a religious belief or moral conviction that 14marriage is or should be recognized as the union of one man and 15one woman, or that sexual relations are properly reserved to 16such a marriage. 17 Section 15. Judicial relief. 18 (a) A person may assert an actual or threatened violation 19of this Act as a claim or defense in a judicial or 20administrative proceeding and obtain compensatory damages, 21injunctive relief, declaratory relief, or any other 22appropriate relief against the State. 23 (b) Notwithstanding any other provision of law, an action 24under this Section may be commenced, and relief may be granted, 25without regard to whether the person commencing the action has SB0064- 5 -LRB100 03642 SLF 13647 b 1sought or exhausted available administrative remedies. 2 (c) If the person's claim or defense prevails, the person 3shall be awarded reasonable attorney's fees and costs. 4 (d) The Attorney General may bring an action for injunctive 5or declaratory relief to enforce compliance with this Act. 6Nothing in this subsection (d) shall be construed to deny, 7impair, or otherwise affect any right or authority of the 8Attorney General, the State, or any agency, officer, or 9employee of the State, acting under any law other than this 10subsection, to institute or intervene in any proceeding. 11 Section 20. Rules of construction. 12 (a) This Act shall be construed in favor of a broad 13protection of free exercise of religious beliefs and moral 14convictions, to the maximum extent permitted by the terms of 15this Act and the federal and State Constitution. 16 (b) Nothing in this Act shall be construed to preempt State 17law, that is equally or more protective of free exercise of 18religious beliefs and moral convictions. Nothing in this Act 19shall be construed to narrow the meaning or application of any 20State or federal law protecting free exercise of religious 21beliefs and moral convictions. Nothing in this Act shall be 22construed to prevent the State from providing, either directly 23or through a person not seeking protection under this Act, any 24benefit or service authorized under State law.