Sen. Sara Feigenholtz

Filed: 4/14/2021

 

 


 

 


 
10200SB0139sam001LRB102 10217 LNS 24672 a

1
AMENDMENT TO SENATE BILL 139

2    AMENDMENT NO. ______. Amend Senate Bill 139 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by adding Section 221 as follows:
 
6    (750 ILCS 5/221 new)
7    Sec. 221. Request for changing or removing gender
8identifying language on a marriage certificate.
9    (a) Upon completion of an affidavit provided by the county
10clerk and confirmation of identity, a person, still currently
11married, may request a certificate of the person's current
12marriage free of any gender identifying language. The person
13may request a change from terms such as "bride" and "groom" to
14a nongendered term such as "spouse" or a variant of "Spouse 1"
15or "Spouse A". Upon such request, both parties shall be listed
16with a nongendered identifier on a certificate. The request

 

 

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1shall not permanently change the gender identifying language
2in the clerk's records, and the affidavit and issuance shall
3be kept in the permanent records of the clerk.
4    The affidavit shall be created by the county clerk, may
5appear on a combined form with the form under subsection (b),
6and shall be substantially as follows:
7    
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
8        I, .........., state that I am a named spouse on a
9    marriage license held in this office, that I am still
10    married to the other named spouse on that marriage license
11    as of the date of this request, and hereby request the
12    holder of this record provide me, and only me, with a
13    marriage certificate with any gender-identifying language
14    removed or changed to "spouse". I affirm that this change
15    is for purposes of this certified copy, the change will
16    not be made to permanent records, and a record of this
17    request shall be held by the holder of this marriage
18    record.
19    Date..........
20    Signature..........
21    (b) If 2 parties currently married request a marriage
22certificate with gender identifiers changed, such as "bride"
23to "groom" or "groom" to "bride", both parties shall appear
24before the clerk, indicate consent, and complete an affidavit.
25If the clerk is technologically able and the parties desire,
26the change in gender is permanent.

 

 

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1    The affidavit shall be created by the county clerk, may
2appear on a combined form with the form under subsection (a),
3and shall be substantially as follows:
4    
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
5        We, ..........[Spouse A] and ..........[Spouse B], the
6    still-married named persons on a marriage license held in
7    this office as of the date of this request, hereby request
8    the holder of this record to provide a marriage
9    certificate with gender-identifying terms such as "bride"
10    and "groom" changed as follows:
11        ..........[Name of Spouse A] Bride, Groom, or Spouse
12    (select one).
13        ..........[Name of Spouse B] Bride, Groom, or Spouse
14    (select one).
15        We affirm that this change is for purposes of this
16    certified copy, and the change will not be made to
17    permanent records, unless indicated by selecting Yes or No
18    (select one) and a record of this request shall be held by
19    the holder of this marriage record.
20    Date..........
21    Signature of Spouse A..........
22    Signature of Spouse B..........
23    (c) If a county provides a certified record, photocopy, or
24reproduction of an original record in lieu of a summary data
25sheet, the county clerk shall work with the Department of
26Public Health to develop a new certificate that can be issued

 

 

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1in lieu of a reproduction of the prior record. Nothing in this
2subsection authorizes the county clerk to permanently mark or
3deface a prior record in lieu of a summary data sheet
4certificate.
5    (d) When a clerk issues a nongendered marriage certificate
6under subsection (a), the certificate shall not include any
7language indicating it has been amended nor that it is not a
8true and accurate record of the facts stated therein.".