Bill Text: IL SB0010 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Civil Procedure. Makes a technical change in the short title Section.
Spectrum: Strong Partisan Bill (Democrat 33-2)
Status: (Passed) 2013-11-20 - Public Act . . . . . . . . . 98-0597 [SB0010 Detail]
Download: Illinois-2013-SB0010-Enrolled.html
Bill Title: Amends the Code of Civil Procedure. Makes a technical change in the short title Section.
Spectrum: Strong Partisan Bill (Democrat 33-2)
Status: (Passed) 2013-11-20 - Public Act . . . . . . . . . 98-0597 [SB0010 Detail]
Download: Illinois-2013-SB0010-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Religious Freedom and Marriage Fairness Act.
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6 | Section 5. Purposes; rules of construction. This Act shall | ||||||
7 | be liberally construed and applied to promote its underlying | ||||||
8 | purpose, which is to provide same-sex and different-sex couples | ||||||
9 | and their children equal access to the
status, benefits, | ||||||
10 | protections, rights, and responsibilities of civil marriage.
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11 | Nothing in this Act is intended to abrogate, limit, or expand | ||||||
12 | the ability of a religious denomination to exercise First | ||||||
13 | Amendment rights protected by the United States Constitution or | ||||||
14 | the Illinois Constitution nor is it intended to abrogate, | ||||||
15 | limit, or expand the Illinois Human Rights Act or the Religious | ||||||
16 | Freedom Restoration Act.
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17 | Section 7. Private clubs. Nothing in this Act is intended | ||||||
18 | to abrogate, limit, or expand the exemption for private clubs | ||||||
19 | under Section 5-103 of the Illinois Human Rights Act.
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20 | Section 10. Equal access to marriage.
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21 | (a) All laws of this State applicable to marriage, whether |
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1 | they derive
from statute, administrative or court rule, policy, | ||||||
2 | common law,
or any other source of civil or criminal law, shall | ||||||
3 | apply equally to marriages of same-sex and different-sex | ||||||
4 | couples and their children. | ||||||
5 | (b) Parties to a marriage and their children, regardless | ||||||
6 | of
whether the marriage consists of a same-sex or different-sex | ||||||
7 | couple,
shall have all the same benefits, protections, and | ||||||
8 | responsibilities
under law, whether they derive from statute, | ||||||
9 | administrative or court
rule, policy, common law, or any other | ||||||
10 | source of civil or
criminal law. | ||||||
11 | (c) Parties to a marriage shall be included
in any | ||||||
12 | definition or use of terms such as "spouse", "family",
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13 | "immediate family", "dependent", "next of kin", "wife", | ||||||
14 | "husband",
"bride", "groom", "wedlock", and other terms that | ||||||
15 | refer to or
denote the spousal relationship, as those terms are | ||||||
16 | used throughout
the law, regardless of whether the parties to a | ||||||
17 | marriage are of the
same sex or different sexes. | ||||||
18 | (d) To the extent the law of this State adopts, refers
to, | ||||||
19 | or relies upon provisions of federal law as applicable to this
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20 | State, parties to a marriage of the same sex and their children
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21 | shall be treated under the law of this State as if federal law
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22 | recognizes the marriages of same-sex couples in the same manner | ||||||
23 | as
the law of this State.
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24 | Section 15. Religious freedom.
Nothing in this Act shall | ||||||
25 | interfere with or regulate the religious practice of any |
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1 | religious denomination or Indian Nation or Tribe or Native | ||||||
2 | Group. Any religious denomination or Indian Nation or Tribe or | ||||||
3 | Native Group is free to choose which marriages it will | ||||||
4 | solemnize or celebrate.
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5 | Section 20. Severability. If any part of this Act or
its | ||||||
6 | application to any person or circumstance is adjudged
invalid, | ||||||
7 | such adjudication or application shall not affect the
validity | ||||||
8 | of this Act as a whole or of any other part.
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9 | Section 905. The Illinois Marriage and Dissolution of | ||||||
10 | Marriage Act is amended by changing Sections 201, 209, and 212 | ||||||
11 | and by adding Section 220 as follows:
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12 | (750 ILCS 5/201) (from Ch. 40, par. 201)
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13 | Sec. 201. Formalities.) A marriage between 2 persons a man | ||||||
14 | and a woman
licensed, solemnized and registered as provided in | ||||||
15 | this Act is
valid in this State.
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16 | (Source: P.A. 80-923.)
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17 | (750 ILCS 5/209) (from Ch. 40, par. 209)
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18 | Sec. 209. Solemnization and Registration.) | ||||||
19 | (a) A marriage may be solemnized by a judge of a court of | ||||||
20 | record, by a
retired judge of a court of record, unless the | ||||||
21 | retired judge was removed from
office by the Judicial Inquiry | ||||||
22 | Board, except that a retired judge shall not
receive any |
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1 | compensation from the State, a county or any unit of local
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2 | government in return for the solemnization of a marriage and | ||||||
3 | there shall be no
effect upon any pension benefits conferred by | ||||||
4 | the Judges Retirement System of
Illinois, by a judge of the | ||||||
5 | Court of Claims, by a county clerk in counties
having 2,000,000 | ||||||
6 | or more inhabitants, by a public official whose powers include
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7 | solemnization of marriages, or in accordance with the | ||||||
8 | prescriptions of any
religious denomination, Indian Nation or | ||||||
9 | Tribe or Native Group, provided that
when such prescriptions | ||||||
10 | require an officiant, the officiant be in good standing
with | ||||||
11 | his or her religious denomination, Indian Nation or Tribe or | ||||||
12 | Native Group.
Either the person solemnizing the marriage, or, | ||||||
13 | if no individual acting alone
solemnized the marriage, both | ||||||
14 | parties to the marriage, shall complete the
marriage | ||||||
15 | certificate form and forward it to the county clerk within 10 | ||||||
16 | days
after such marriage is solemnized.
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17 | (a-5) Nothing in this Act shall be construed to require any | ||||||
18 | religious denomination or Indian Nation or Tribe or Native | ||||||
19 | Group, or any minister, clergy, or officiant acting as a | ||||||
20 | representative of a religious denomination or Indian Nation or | ||||||
21 | Tribe or Native Group, to solemnize any marriage. Instead, any | ||||||
22 | religious denomination or Indian Nation or Tribe or Native | ||||||
23 | Group, or any minister, clergy, or officiant acting as a | ||||||
24 | representative of a religious denomination or Indian Nation or | ||||||
25 | Tribe or Native Group is free to choose which marriages it will | ||||||
26 | solemnize. Notwithstanding any other law to the contrary, a |
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1 | refusal by a religious denomination or Indian Nation or Tribe | ||||||
2 | or Native Group, or any minister, clergy, or officiant acting | ||||||
3 | as a representative of a religious denomination or Indian | ||||||
4 | Nation or Tribe or Native Group to solemnize any marriage under | ||||||
5 | this Act shall not create or be the basis for any civil, | ||||||
6 | administrative, or criminal penalty, claim, or cause of action. | ||||||
7 | (a-10) No church, mosque, synagogue, temple, | ||||||
8 | nondenominational ministry, interdenominational or ecumenical | ||||||
9 | organization, mission organization, or other organization | ||||||
10 | whose principal purpose is the study, practice, or advancement | ||||||
11 | of religion is required to provide religious facilities for the | ||||||
12 | solemnization ceremony or celebration associated with the | ||||||
13 | solemnization ceremony of a marriage if the solemnization | ||||||
14 | ceremony or celebration associated with the solemnization | ||||||
15 | ceremony is in violation of its religious beliefs. An entity | ||||||
16 | identified in this subsection (a-10) shall be immune from any | ||||||
17 | civil, administrative, criminal penalty, claim, or cause of | ||||||
18 | action based on its refusal to provide religious facilities for | ||||||
19 | the solemnization ceremony or celebration associated with the | ||||||
20 | solemnization ceremony of a marriage if the solemnization | ||||||
21 | ceremony or celebration associated with the solemnization | ||||||
22 | ceremony is in violation of its religious beliefs. As used in | ||||||
23 | this subsection (a-10), "religious facilities" means | ||||||
24 | sanctuaries, parish halls, fellowship halls, and similar | ||||||
25 | facilities. "Religious facilities" does not include facilities | ||||||
26 | such as businesses, health care facilities, educational |
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1 | facilities, or social service agencies. | ||||||
2 | (b) The solemnization of the marriage is not invalidated by | ||||||
3 | the
fact that the person solemnizing the marriage was not | ||||||
4 | legally qualified
to solemnize it, if either party to the | ||||||
5 | marriage believed him or her to be so
qualified or by the fact | ||||||
6 | that the marriage was inadvertently solemnized in a county in | ||||||
7 | Illinois other than the county where the license was issued.
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8 | (Source: P.A. 95-775, eff. 1-1-09.)
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9 | (750 ILCS 5/212) (from Ch. 40, par. 212)
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10 | Sec. 212. Prohibited Marriages.
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11 | (a) The following marriages are prohibited:
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12 | (1) a marriage entered into prior to the dissolution of | ||||||
13 | an
earlier marriage , civil union, or substantially similar | ||||||
14 | legal relationship of one of the parties , unless the | ||||||
15 | parties to the marriage are the same as the parties to a | ||||||
16 | civil union and are seeking to convert their civil union to | ||||||
17 | a marriage pursuant to Section 65 of the Illinois Religious | ||||||
18 | Freedom Protection and Civil Union Act ;
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19 | (2) a marriage between an ancestor and a descendant or | ||||||
20 | between siblings
a brother and a sister , whether the | ||||||
21 | relationship is by the half
or the whole blood or by | ||||||
22 | adoption;
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23 | (3) a marriage between an uncle and a niece , between an
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24 | uncle and a nephew, or between an aunt
and a nephew, or
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25 | between an aunt and a niece, whether the relationship is by |
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1 | the half or the whole
blood;
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2 | (4) a marriage between cousins of the first degree; | ||||||
3 | however, a marriage
between first cousins is not prohibited | ||||||
4 | if:
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5 | (i) both parties are 50 years of age or older; or
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6 | (ii) either party, at the time of application for a | ||||||
7 | marriage license,
presents for filing with the county | ||||||
8 | clerk of the county in which the
marriage is to be | ||||||
9 | solemnized, a
certificate signed by a licensed | ||||||
10 | physician stating that the party to the
proposed | ||||||
11 | marriage is permanently and irreversibly sterile;
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12 | (5) (blank). a marriage between 2 individuals of the | ||||||
13 | same sex.
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14 | (b) Parties to a marriage prohibited under subsection (a) | ||||||
15 | of
this Section who cohabit after removal of the impediment are
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16 | lawfully married as of the date of the removal of the | ||||||
17 | impediment.
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18 | (c) Children born or adopted of a prohibited or common law | ||||||
19 | marriage
are the lawful children of the parties.
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20 | (Source: P.A. 94-229, eff. 1-1-06.)
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21 | (750 ILCS 5/220 new) | ||||||
22 | Sec. 220. Consent to jurisdiction. Members of a same-sex | ||||||
23 | couple who enter into a marriage in this State consent to the | ||||||
24 | jurisdiction of the courts of this State for the
purpose of any | ||||||
25 | action relating to the marriage, even if one or both
parties |
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1 | cease to reside in this State. A court shall enter a
judgment | ||||||
2 | of dissolution of marriage if at the time the action is
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3 | commenced, it meets the grounds for dissolution of marriage set | ||||||
4 | forth in this Act.
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5 | (750 ILCS 5/213.1 rep.)
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6 | Section 910. The Illinois Marriage and Dissolution of | ||||||
7 | Marriage Act is amended by repealing Section 213.1.
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8 | Section 915. The Illinois Religious Freedom Protection and | ||||||
9 | Civil Union Act is amended by changing Section 60 and by adding | ||||||
10 | Section 65 as follows:
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11 | (750 ILCS 75/60)
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12 | Sec. 60. Respect for marriages and civil unions entered | ||||||
13 | into in other jurisdictions Reciprocity . A marriage between | ||||||
14 | persons of the same sex, a civil union, or a substantially | ||||||
15 | similar legal relationship other than common law marriage, | ||||||
16 | legally entered into in another jurisdiction, shall be | ||||||
17 | recognized in Illinois as a civil union. A marriage, whether of | ||||||
18 | the
same sex or different sexes and providing that it is not a | ||||||
19 | common law
marriage, legally entered into in another | ||||||
20 | jurisdiction, shall be
recognized in this State as a marriage | ||||||
21 | in accordance with the
provisions of the Illinois Marriage and | ||||||
22 | Dissolution of Marriage Act,
except that Section 216 of the | ||||||
23 | Illinois Marriage and Dissolution of Marriage Act shall not |
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1 | apply to marriages of same-sex
couples validly entered into in | ||||||
2 | another jurisdiction.
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3 | (Source: P.A. 96-1513, eff. 6-1-11 .)
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4 | (750 ILCS 75/65 new) | ||||||
5 | Sec. 65. Voluntary conversion of civil union to marriage. | ||||||
6 | (a) Parties to a civil union may apply for and receive a
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7 | marriage license and have the marriage solemnized and
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8 | registered under Section 209 of the Illinois Marriage
and | ||||||
9 | Dissolution of Marriage Act, provided the parties are
otherwise | ||||||
10 | eligible to marry and the parties to the
marriage are the same | ||||||
11 | as the parties to the civil union.
The fee for application for | ||||||
12 | a marriage license shall be
waived in such circumstances. | ||||||
13 | (b) For a period of one year following the effective date | ||||||
14 | of this amendatory Act of the 98th General Assembly, parties to | ||||||
15 | a civil union may
have their civil union legally designated and | ||||||
16 | recorded as a
marriage, deemed effective on the date of | ||||||
17 | solemnization of the
civil union, without payment of any fee, | ||||||
18 | provided the parties'
civil union has not been dissolved and | ||||||
19 | there is no pending
proceeding to dissolve the civil union. | ||||||
20 | Upon application to a
county clerk, the parties shall be issued | ||||||
21 | a marriage
certificate. The parties' signatures on the marriage | ||||||
22 | certificate
and return of the signed certificate for recording | ||||||
23 | shall be
sufficient to convert the civil union into a marriage. | ||||||
24 | The
county clerk shall notify the Department of Public Health
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25 | within 45 days by furnishing a copy of the certificate to the
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1 | Department of Public Health. | ||||||
2 | (c) When parties to a civil union have married, or when | ||||||
3 | their
civil union has been converted to a marriage under this
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4 | Section, the parties, as of the date stated on the marriage
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5 | certificate, shall no longer be considered in a civil union, | ||||||
6 | but rather
shall be in a legal marriage.
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