|
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2841 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
|
| 750 ILCS 5/209 | from Ch. 40, par. 209 |
|
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized by a mayor or president of a city, village, or incorporated town who is in office on the date of the solemnization. Effective immediately.
|
| |
| | A BILL FOR |
|
|
| | HB2841 | | LRB101 08993 LNS 54086 b |
|
|
| 1 | | AN ACT concerning civil law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Marriage and Dissolution of |
| 5 | | Marriage Act is amended by changing Section 209 as follows:
|
| 6 | | (750 ILCS 5/209) (from Ch. 40, par. 209)
|
| 7 | | Sec. 209. Solemnization and Registration. |
| 8 | | (a) A marriage may be solemnized by a judge of a court of |
| 9 | | record, by a
retired judge of a court of record, unless the |
| 10 | | retired judge was removed from
office by the Judicial Inquiry |
| 11 | | Board, except that a retired judge shall not
receive any |
| 12 | | compensation from the State, a county or any unit of local
|
| 13 | | government in return for the solemnization of a marriage and |
| 14 | | there shall be no
effect upon any pension benefits conferred by |
| 15 | | the Judges Retirement System of
Illinois, by a judge of the |
| 16 | | Court of Claims, by a county clerk in counties
having 2,000,000 |
| 17 | | or more inhabitants, by a public official whose powers include
|
| 18 | | solemnization of marriages, by a mayor or president of a city, |
| 19 | | village, or incorporated town who is in office on the date of |
| 20 | | the solemnization, or in accordance with the prescriptions of |
| 21 | | any
religious denomination, Indian Nation or Tribe or Native |
| 22 | | Group, provided that
when such prescriptions require an |
| 23 | | officiant, the officiant be in good standing
with his or her |
|
| | HB2841 | - 2 - | LRB101 08993 LNS 54086 b |
|
|
| 1 | | religious denomination, Indian Nation or Tribe or Native Group.
|
| 2 | | Either the person solemnizing the marriage, or, if no |
| 3 | | individual acting alone
solemnized the marriage, both parties |
| 4 | | to the marriage, shall complete the
marriage certificate form |
| 5 | | and forward it to the county clerk within 10 days
after such |
| 6 | | marriage is solemnized.
|
| 7 | | (a-5) Nothing in this Act shall be construed to require any |
| 8 | | religious denomination or Indian Nation or Tribe or Native |
| 9 | | Group, or any minister, clergy, or officiant acting as a |
| 10 | | representative of a religious denomination or Indian Nation or |
| 11 | | Tribe or Native Group, to solemnize any marriage. Instead, any |
| 12 | | religious denomination or Indian Nation or Tribe or Native |
| 13 | | Group, or any minister, clergy, or officiant acting as a |
| 14 | | representative of a religious denomination or Indian Nation or |
| 15 | | Tribe or Native Group is free to choose which marriages it will |
| 16 | | solemnize. Notwithstanding any other law to the contrary, a |
| 17 | | refusal by a religious denomination or Indian Nation or Tribe |
| 18 | | or Native Group, or any minister, clergy, or officiant acting |
| 19 | | as a representative of a religious denomination or Indian |
| 20 | | Nation or Tribe or Native Group to solemnize any marriage under |
| 21 | | this Act shall not create or be the basis for any civil, |
| 22 | | administrative, or criminal penalty, claim, or cause of action. |
| 23 | | (a-10) No church, mosque, synagogue, temple, |
| 24 | | nondenominational ministry, interdenominational or ecumenical |
| 25 | | organization, mission organization, or other organization |
| 26 | | whose principal purpose is the study, practice, or advancement |
|
| | HB2841 | - 3 - | LRB101 08993 LNS 54086 b |
|
|
| 1 | | of religion is required to provide religious facilities for the |
| 2 | | solemnization ceremony or celebration associated with the |
| 3 | | solemnization ceremony of a marriage if the solemnization |
| 4 | | ceremony or celebration associated with the solemnization |
| 5 | | ceremony is in violation of its religious beliefs. An entity |
| 6 | | identified in this subsection (a-10) shall be immune from any |
| 7 | | civil, administrative, criminal penalty, claim, or cause of |
| 8 | | action based on its refusal to provide religious facilities for |
| 9 | | the solemnization ceremony or celebration associated with the |
| 10 | | solemnization ceremony of a marriage if the solemnization |
| 11 | | ceremony or celebration associated with the solemnization |
| 12 | | ceremony is in violation of its religious beliefs. As used in |
| 13 | | this subsection (a-10), "religious facilities" means |
| 14 | | sanctuaries, parish halls, fellowship halls, and similar |
| 15 | | facilities. "Religious facilities" does not include facilities |
| 16 | | such as businesses, health care facilities, educational |
| 17 | | facilities, or social service agencies. |
| 18 | | (b) The solemnization of the marriage is not invalidated: |
| 19 | | (1) by the
fact that the person solemnizing the marriage was |
| 20 | | not legally qualified
to solemnize it, if a reasonable person |
| 21 | | would believe the person solemnizing the marriage to be so |
| 22 | | qualified; or (2) by the fact that the marriage was |
| 23 | | inadvertently solemnized in a county in Illinois other than the |
| 24 | | county where the license was issued and filed.
|
| 25 | | (c) Any marriage that meets the requirements of this |
| 26 | | Section shall be presumed valid. |