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| | SB0139 Enrolled | | LRB102 10217 LNS 15541 b |
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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,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Marriage and Dissolution of |
| 5 | | Marriage Act is amended by adding Section 221 as follows:
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| 6 | | (750 ILCS 5/221 new) |
| 7 | | Sec. 221. Request for changing or removing gender |
| 8 | | identifying language on a marriage certificate. |
| 9 | | (a) Upon completion of an affidavit provided by the county |
| 10 | | clerk and confirmation of identity, a person, still currently |
| 11 | | married, may request a certificate of the person's current |
| 12 | | marriage free of any gender identifying language. The person |
| 13 | | may request a change from terms such as "bride" and "groom" to |
| 14 | | a nongendered term such as "spouse" or a variant of "Spouse 1" |
| 15 | | or "Spouse A". Upon such request, both parties shall be listed |
| 16 | | with a nongendered identifier on a certificate. The request |
| 17 | | shall not permanently change the gender identifying language |
| 18 | | in the clerk's records, and the affidavit and issuance shall |
| 19 | | be kept in the permanent records of the clerk. |
| 20 | | The affidavit shall be created by the county clerk, may |
| 21 | | appear on a combined form with the form under subsection (b), |
| 22 | | and shall be substantially as follows: |
| 23 | | REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE |
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| 1 | | I, .........., state that I am a named spouse on a |
| 2 | | marriage license held in this office, that I am still |
| 3 | | married to the other named spouse on that marriage license |
| 4 | | as of the date of this request, and hereby request the |
| 5 | | holder of this record provide me, and only me, with a |
| 6 | | marriage certificate with any gender-identifying language |
| 7 | | removed or changed to "spouse". I affirm that this change |
| 8 | | is for purposes of this certified copy, the change will |
| 9 | | not be made to permanent records, and a record of this |
| 10 | | request shall be held by the holder of this marriage |
| 11 | | record. |
| 12 | | Date.......... |
| 13 | | Signature.......... |
| 14 | | (b) If 2 parties currently married request a marriage |
| 15 | | certificate with gender identifiers changed, such as "bride" |
| 16 | | to "groom" or "groom" to "bride", both parties shall appear |
| 17 | | before the clerk, indicate consent, and complete an affidavit. |
| 18 | | If the clerk is technologically able and the parties desire, |
| 19 | | the change in gender is permanent. |
| 20 | | The affidavit shall be created by the county clerk, may |
| 21 | | appear on a combined form with the form under subsection (a), |
| 22 | | and shall be substantially as follows: |
| 23 | | REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE |
| 24 | | We, ..........[Spouse A] and ..........[Spouse B], the |
| 25 | | still-married named persons on a marriage license held in |
| 26 | | this office as of the date of this request, hereby request |
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| 1 | | the holder of this record to provide a marriage |
| 2 | | certificate with gender-identifying terms such as "bride" |
| 3 | | and "groom" changed as follows: |
| 4 | | ..........[Name of Spouse A] Bride, Groom, or Spouse |
| 5 | | (select one). |
| 6 | | ..........[Name of Spouse B] Bride, Groom, or Spouse |
| 7 | | (select one). |
| 8 | | We affirm that this change is for purposes of this |
| 9 | | certified copy, and the change will not be made to |
| 10 | | permanent records, unless indicated by selecting Yes or No |
| 11 | | (select one) and a record of this request shall be held by |
| 12 | | the holder of this marriage record. |
| 13 | | Date.......... |
| 14 | | Signature of Spouse A.......... |
| 15 | | Signature of Spouse B.......... |
| 16 | | (c) If a county provides a certified record, photocopy, or |
| 17 | | reproduction of an original record in lieu of a summary data |
| 18 | | sheet, the county clerk shall work with the Department of |
| 19 | | Public Health to develop a new certificate that can be issued |
| 20 | | in lieu of a reproduction of the prior record. Nothing in this |
| 21 | | subsection authorizes the county clerk to permanently mark or |
| 22 | | deface a prior record in lieu of a summary data sheet |
| 23 | | certificate. |
| 24 | | (d) When a clerk issues a nongendered marriage certificate |
| 25 | | under subsection (a), the certificate shall not include any |
| 26 | | language indicating it has been amended nor that it is not a |