HB3049 EngrossedLRB104 12020 JRC 22115 b HB3049 Engrossed LRB104 12020 JRC 22115 b
HB3049 Engrossed LRB104 12020 JRC 22115 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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 either by an officiant as
9 provided in paragraphs (1) through (7) or by both parties to
10 the marriage acting without an officiant, provided that the
11 parties have complied with the requirements in Section 203 of
12 this Act. A marriage by officiant may be solemnized:
13 (1) by a judge of a court of record; ,
14 (2) by a retired judge of a court of record, unless the
15 retired judge was removed from office by the Judicial
16 Inquiry Board, except that a retired judge shall not
17 receive any compensation from the State, a county or any
18 unit of local government in return for the solemnization
19 of a marriage and there shall be no effect upon any pension
20 benefits conferred by the Judges Retirement System of
21 Illinois; ,
22 (3) by a judge of the Court of Claims; ,
23 (4) by a county clerk in counties having 2,000,000 or
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1 more inhabitants; ,
2 (5) by a public official whose powers include
3 solemnization of marriages; ,
4 (6) by a mayor or president of a city, village, or
5 incorporated town who is in office on the date of the
6 solemnization except that a mayor or president of a city,
7 village, or incorporated town may not receive any
8 compensation in return for the solemnization of a
9 marriage; or ,
10 (7) or in accordance with the prescriptions of any
11 religious denomination, Indian Nation or Tribe or Native
12 Group, provided that when such prescriptions require an
13 officiant, the officiant be in good standing with his or
14 her religious denomination, Indian Nation or Tribe or
15 Native Group.
16 Either the officiant person solemnizing the marriage or
17 both parties to the marriage self-solemnizing the marriage ,
18 or, if no individual acting alone solemnized the marriage,
19 both parties to the marriage, shall sign and complete the
20 marriage certificate form and forward it to the county clerk
21 within 10 days after such marriage is solemnized. On or before
22 January 1, 2026, all State and county forms, websites, and
23 other public communications, including, but not limited to,
24 the "Marriage Application and Record", shall be updated to
25 reflect and clarify the existence of both officiant
26 solemnization and self-solemnization options for marriage
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1 solemnization. A mayor or president of a city, village, or
2 incorporated town shall not receive any compensation in return
3 for the solemnization of a marriage.
4 (a-5) Nothing in this Act shall be construed to require
5 any religious denomination or Indian Nation or Tribe or Native
6 Group, or any minister, clergy, or officiant acting as a
7 representative of a religious denomination or Indian Nation or
8 Tribe or Native Group, to solemnize any marriage. Instead, any
9 religious denomination or Indian Nation or Tribe or Native
10 Group, or any minister, clergy, or officiant acting as a
11 representative of a religious denomination or Indian Nation or
12 Tribe or Native Group is free to choose which marriages it will
13 solemnize. Notwithstanding any other law to the contrary, a
14 refusal by a religious denomination or Indian Nation or Tribe
15 or Native Group, or any minister, clergy, or officiant acting
16 as a representative of a religious denomination or Indian
17 Nation or Tribe or Native Group to solemnize any marriage
18 under this Act shall not create or be the basis for any civil,
19 administrative, or criminal penalty, claim, or cause of
20 action.
21 (a-10) No church, mosque, synagogue, temple,
22 nondenominational ministry, interdenominational or ecumenical
23 organization, mission organization, or other organization
24 whose principal purpose is the study, practice, or advancement
25 of religion is required to provide religious facilities for
26 the solemnization ceremony or celebration associated with the
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1 solemnization ceremony of a marriage if the solemnization
2 ceremony or celebration associated with the solemnization
3 ceremony is in violation of its religious beliefs. An entity
4 identified in this subsection (a-10) shall be immune from any
5 civil, administrative, criminal penalty, claim, or cause of
6 action based on its refusal to provide religious facilities
7 for the solemnization ceremony or celebration associated with
8 the solemnization ceremony of a marriage if the solemnization
9 ceremony or celebration associated with the solemnization
10 ceremony is in violation of its religious beliefs. As used in
11 this subsection (a-10), "religious facilities" means
12 sanctuaries, parish halls, fellowship halls, and similar
13 facilities. "Religious facilities" does not include facilities
14 such as businesses, health care facilities, educational
15 facilities, or social service agencies.
16 (b) The solemnization of the marriage is not invalidated:
17 (1) by the fact that the person solemnizing the marriage was
18 not legally qualified to solemnize it, if a reasonable person
19 would believe the person solemnizing the marriage to be so
20 qualified; or (2) by the fact that the marriage was
21 inadvertently solemnized in a county in Illinois other than
22 the county where the license was issued and filed.
23 (c) Any marriage that meets the requirements of this
24 Section shall be presumed valid.
25 (Source: P.A. 101-14, eff. 6-14-19.)
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