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| Public Act 101-0014 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by changing Section 209 as follows:
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(750 ILCS 5/209) (from Ch. 40, par. 209)
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Sec. 209. Solemnization and Registration. | ||||
(a) A marriage may be solemnized by a judge of a court of | ||||
record, by a
retired judge of a court of record, unless the | ||||
retired judge was removed from
office by the Judicial Inquiry | ||||
Board, except that a retired judge shall not
receive any | ||||
compensation from the State, a county or any unit of local
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government in return for the solemnization of a marriage and | ||||
there shall be no
effect upon any pension benefits conferred by | ||||
the Judges Retirement System of
Illinois, by a judge of the | ||||
Court of Claims, by a county clerk in counties
having 2,000,000 | ||||
or more inhabitants, by a public official whose powers include
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solemnization of marriages, by a mayor or president of a city, | ||||
village, or incorporated town who is in office on the date of | ||||
the solemnization, or in accordance with the prescriptions of | ||||
any
religious denomination, Indian Nation or Tribe or Native | ||||
Group, provided that
when such prescriptions require an | ||||
officiant, the officiant be in good standing
with his or her | ||||
religious denomination, Indian Nation or Tribe or Native Group.
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Either the person solemnizing the marriage, or, if no | ||
individual acting alone
solemnized the marriage, both parties | ||
to the marriage, shall complete the
marriage certificate form | ||
and forward it to the county clerk within 10 days
after such | ||
marriage is solemnized. A mayor or president of a city, | ||
village, or incorporated town shall not receive any | ||
compensation in return for the solemnization of a marriage.
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(a-5) Nothing in this Act shall be construed to require any | ||
religious denomination or Indian Nation or Tribe or Native | ||
Group, or any minister, clergy, or officiant acting as a | ||
representative of a religious denomination or Indian Nation or | ||
Tribe or Native Group, to solemnize any marriage. Instead, any | ||
religious denomination or Indian Nation or Tribe or Native | ||
Group, or any minister, clergy, or officiant acting as a | ||
representative of a religious denomination or Indian Nation or | ||
Tribe or Native Group is free to choose which marriages it will | ||
solemnize. Notwithstanding any other law to the contrary, a | ||
refusal by a religious denomination or Indian Nation or Tribe | ||
or Native Group, or any minister, clergy, or officiant acting | ||
as a representative of a religious denomination or Indian | ||
Nation or Tribe or Native Group to solemnize any marriage under | ||
this Act shall not create or be the basis for any civil, | ||
administrative, or criminal penalty, claim, or cause of action. | ||
(a-10) No church, mosque, synagogue, temple, | ||
nondenominational ministry, interdenominational or ecumenical | ||
organization, mission organization, or other organization | ||
whose principal purpose is the study, practice, or advancement | ||
of religion is required to provide religious facilities for the | ||
solemnization ceremony or celebration associated with the | ||
solemnization ceremony of a marriage if the solemnization | ||
ceremony or celebration associated with the solemnization | ||
ceremony is in violation of its religious beliefs. An entity | ||
identified in this subsection (a-10) shall be immune from any | ||
civil, administrative, criminal penalty, claim, or cause of | ||
action based on its refusal to provide religious facilities for | ||
the solemnization ceremony or celebration associated with the | ||
solemnization ceremony of a marriage if the solemnization | ||
ceremony or celebration associated with the solemnization | ||
ceremony is in violation of its religious beliefs. As used in | ||
this subsection (a-10), "religious facilities" means | ||
sanctuaries, parish halls, fellowship halls, and similar | ||
facilities. "Religious facilities" does not include facilities | ||
such as businesses, health care facilities, educational | ||
facilities, or social service agencies. | ||
(b) The solemnization of the marriage is not invalidated: | ||
(1) by the
fact that the person solemnizing the marriage was | ||
not legally qualified
to solemnize it, if a reasonable person | ||
would believe the person solemnizing the marriage to be so | ||
qualified; or (2) by the fact that the marriage was | ||
inadvertently solemnized in a county in Illinois other than the | ||
county where the license was issued and filed.
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(c) Any marriage that meets the requirements of this | ||
Section shall be presumed valid. | ||
(Source: P.A. 98-597, eff. 6-1-14; 99-90, eff. 1-1-16.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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