Full Text of SB0166 99th General Assembly
SB0166sam001 99TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 5/17/2016
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| 1 | | AMENDMENT TO SENATE BILL 166
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 166 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | or more inhabitants, by a public official whose powers include
| 2 | | solemnization of marriages, by a certified marriage celebrant, | 3 | | or in accordance with the prescriptions of any
religious | 4 | | denomination, Indian Nation or Tribe or Native Group, provided | 5 | | that
when such prescriptions require an officiant, the | 6 | | officiant be in good standing
with his or her religious | 7 | | denomination, Indian Nation or Tribe or Native Group.
Either | 8 | | the person solemnizing the marriage, or, if no individual | 9 | | acting alone
solemnized the marriage, both parties to the | 10 | | marriage, shall complete the
marriage certificate form and | 11 | | forward it to the county clerk within 10 days
after such | 12 | | marriage is solemnized.
| 13 | | As used in this subsection (a): | 14 | | "Certified marriage celebrant" means a celebrant or | 15 | | officiant of any life stance organization who is authorized by | 16 | | the organization to solemnize marriages. | 17 | | "Life stance organization" means a group: that is | 18 | | recognized as a nonprofit organization by the Internal Revenue | 19 | | Service; whose members are committed to the promotion of a life | 20 | | stance based upon comprehensive values, beliefs, and | 21 | | practices; and that is not affiliated with or controlled by any | 22 | | religious institution or religious authority. | 23 | | (a-5) Nothing in this Act shall be construed to require any | 24 | | religious denomination or Indian Nation or Tribe or Native | 25 | | Group, or any minister, clergy, or officiant acting as a | 26 | | representative of a religious denomination or Indian Nation or |
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| 1 | | Tribe or Native Group, to solemnize any marriage. Instead, any | 2 | | religious denomination or Indian Nation or Tribe or Native | 3 | | Group, or any minister, clergy, or officiant acting as a | 4 | | representative of a religious denomination or Indian Nation or | 5 | | Tribe or Native Group is free to choose which marriages it will | 6 | | solemnize. Notwithstanding any other law to the contrary, a | 7 | | refusal by a religious denomination or Indian Nation or Tribe | 8 | | or Native Group, or any minister, clergy, or officiant acting | 9 | | as a representative of a religious denomination or Indian | 10 | | Nation or Tribe or Native Group to solemnize any marriage under | 11 | | this Act shall not create or be the basis for any civil, | 12 | | administrative, or criminal penalty, claim, or cause of action. | 13 | | (a-10) No church, mosque, synagogue, temple, | 14 | | nondenominational ministry, interdenominational or ecumenical | 15 | | organization, mission organization, or other organization | 16 | | whose principal purpose is the study, practice, or advancement | 17 | | of religion is required to provide religious facilities for the | 18 | | solemnization ceremony or celebration associated with the | 19 | | solemnization ceremony of a marriage if the solemnization | 20 | | ceremony or celebration associated with the solemnization | 21 | | ceremony is in violation of its religious beliefs. An entity | 22 | | identified in this subsection (a-10) shall be immune from any | 23 | | civil, administrative, criminal penalty, claim, or cause of | 24 | | action based on its refusal to provide religious facilities for | 25 | | the solemnization ceremony or celebration associated with the | 26 | | solemnization ceremony of a marriage if the solemnization |
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| 1 | | ceremony or celebration associated with the solemnization | 2 | | ceremony is in violation of its religious beliefs. As used in | 3 | | this subsection (a-10), "religious facilities" means | 4 | | sanctuaries, parish halls, fellowship halls, and similar | 5 | | facilities. "Religious facilities" does not include facilities | 6 | | such as businesses, health care facilities, educational | 7 | | facilities, or social service agencies. | 8 | | (b) The solemnization of the marriage is not invalidated: | 9 | | (1) by the
fact that the person solemnizing the marriage was | 10 | | not legally qualified
to solemnize it, if a reasonable person | 11 | | would believe the person solemnizing the marriage to be so | 12 | | qualified; or (2) by the fact that the marriage was | 13 | | inadvertently solemnized in a county in Illinois other than the | 14 | | county where the license was issued and filed.
| 15 | | (c) Any marriage that meets the requirements of this | 16 | | Section shall be presumed valid. | 17 | | (Source: P.A. 98-597, eff. 6-1-14; 99-90, eff. 1-1-16 .)".
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