Bill Text: IL HB1111 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning the application of the Civil Practice Law.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2023-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB1111 Detail]

Download: Illinois-2023-HB1111-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1111 Introduced , by Rep. Jonathan Carroll 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 State executive branch constitutional officer who is in office on the date of the solemnization or by a member of the General Assembly who is in office on the date of the solemnization.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 209 as follows:
(750 ILCS 5/209) (from Ch. 40, par. 209)
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
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 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, by a State executive
branch constitutional officer who is in office on the date of
the solemnization, by a member of the General Assembly who is
in office on the date of the solemnization, or in accordance

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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. 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.
(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

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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

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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.
(c) Any marriage that meets the requirements of this
Section shall be presumed valid.
(Source: P.A. 101-14, eff. 6-14-19.)