Illinois 2025-2026 Regular Session

Illinois House Bill HB3049 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB3049 EngrossedLRB104 12020 JRC 22115 b HB3049 Engrossed LRB104 12020 JRC 22115 b
2		-	HB3049 Engrossed LRB104 12020 JRC 22115 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3049 Introduced , by Rep. Tracy Katz Muhl 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 either by an officiant or by both parties to the marriage themselves acting without an officiant. Requires that on or before January 1, 2026, all State and county forms, websites, and other public communications shall be updated to reflect and clarify the existence of both officiant solemnization and self-solemnization options for marriage solemnization. LRB104 12020 JRC 22115 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3049 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED: 750 ILCS 5/209 from Ch. 40, par. 209 750 ILCS 5/209 from Ch. 40, par. 209 Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized either by an officiant or by both parties to the marriage themselves acting without an officiant. Requires that on or before January 1, 2026, all State and county forms, websites, and other public communications shall be updated to reflect and clarify the existence of both officiant solemnization and self-solemnization options for marriage solemnization. LRB104 12020 JRC 22115 b LRB104 12020 JRC 22115 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3049 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED:
	3	+	750 ILCS 5/209 from Ch. 40, par. 209 750 ILCS 5/209 from Ch. 40, par. 209
	4	+	750 ILCS 5/209 from Ch. 40, par. 209
	5	+	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized either by an officiant or by both parties to the marriage themselves acting without an officiant. Requires that on or before January 1, 2026, all State and county forms, websites, and other public communications shall be updated to reflect and clarify the existence of both officiant solemnization and self-solemnization options for marriage solemnization.
	6	+	LRB104 12020 JRC 22115 b LRB104 12020 JRC 22115 b
	7	+	LRB104 12020 JRC 22115 b
	8	+	A BILL FOR
	9	+	HB3049LRB104 12020 JRC 22115 b HB3049 LRB104 12020 JRC 22115 b
	10	+	HB3049 LRB104 12020 JRC 22115 b
3	11		1 AN ACT concerning civil law.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Illinois Marriage and Dissolution of
7	15		5 Marriage Act is amended by changing Section 209 as follows:
8	16		6 (750 ILCS 5/209) (from Ch. 40, par. 209)
9	17		7 Sec. 209. Solemnization and registration.
10	18		8 (a) A marriage may be solemnized either by an officiant as
11	19		9 provided in paragraphs (1) through (7) or by both parties to
12		-	10 the marriage acting without an officiant~~, provided that the~~
13		-	11 ~~parties have complied with the requirements in Section 203 of~~
14		-	12 ~~this Act.~~ A ~~marriage by officiant may be solemnized:~~
15		-	13 (1) by a judge of a court of record~~; ,~~
16		-	14 ~~(2) by a~~ retired judge ~~of a court of record, unless~~ the
17		-	15 retired judge ~~was removed from office by the Judicial~~
18		-	16 ~~Inquiry Board~~, ~~except that~~ a ~~retired judge shall not~~
19		-	17 ~~receive any compensation from~~ the ~~State, a county or any~~
20		-	18 ~~unit~~ of ~~local government in return for the solemnization~~
21		-	19 of ~~a marriage and there shall be no effect upon any pension~~
22		-	20 ~~benefits conferred by the Judges Retirement System of~~
23		-	21 ~~Illinois~~; ,
24		-	22 (3) by a ~~judge of the Court of Claims;~~ ,
25		-	23 ~~(4) by a county clerk in counties having 2~~,~~000,000 or~~
	20	+	10 the marriage themselves acting without an officiant. A
	21	+	11 marriage by officiant may be solemnized:
	22	+	12 (1) by a judge of a court of record; ,
	23	+	13 (2) by a retired judge of a court of record, unless the
	24	+	14 retired judge was removed from office by the Judicial
	25	+	15 Inquiry Board, except that a retired judge shall not
	26	+	16 receive any compensation from the State, a county or any
	27	+	17 unit of local government in return for the solemnization
	28	+	18 of a marriage and there shall be no effect upon any pension
	29	+	19 benefits conferred by the Judges Retirement System of
	30	+	20 Illinois; ,
	31	+	21 (3) by a judge of the Court of Claims; ,
	32	+	22 (4) by a county clerk in counties having 2,000,000 or
	33	+	23 more inhabitants; ,
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34		-	1 more inhabitants; ,
35		-	2 (5) by a public official whose powers include
36		-	3 solemnization of marriages; ,
37		-	4 (6) by a mayor or president of a city, village, or
38		-	5 incorporated town who is in office on the date of the
39		-	6 solemnization except that a mayor or president of a city,
40		-	7 village, or incorporated town may not receive any
41		-	8 compensation in return for the solemnization of a
42		-	9 marriage; or ,
43		-	10 (7) or in accordance with the prescriptions of any
44		-	11 religious denomination, Indian Nation or Tribe or Native
45		-	12 Group, provided that when such prescriptions require an
46		-	13 officiant, the officiant be in good standing with his or
47		-	14 her religious denomination, Indian Nation or Tribe or
48		-	15 Native Group.
49		-	16 Either the officiant person solemnizing the marriage or
50		-	17 both parties to the marriage self-solemnizing the marriage ,
51		-	18 or, if no individual acting alone solemnized the marriage,
52		-	19 both parties to the marriage, shall sign and complete the
53		-	20 marriage certificate form and forward it to the county clerk
54		-	21 within 10 days after such marriage is solemnized. On or before
55		-	22 January 1, 2026, all State and county forms, websites, and
56		-	23 other public communications, including, but not limited to,
57		-	24 the "Marriage Application and Record", shall be updated to
58		-	25 reflect and clarify the existence of both officiant
59		-	26 solemnization and self-solemnization options for marriage
	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3049 Introduced , by Rep. Tracy Katz Muhl SYNOPSIS AS INTRODUCED:
	38	+	750 ILCS 5/209 from Ch. 40, par. 209 750 ILCS 5/209 from Ch. 40, par. 209
	39	+	750 ILCS 5/209 from Ch. 40, par. 209
	40	+	Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a marriage may be solemnized either by an officiant or by both parties to the marriage themselves acting without an officiant. Requires that on or before January 1, 2026, all State and county forms, websites, and other public communications shall be updated to reflect and clarify the existence of both officiant solemnization and self-solemnization options for marriage solemnization.
	41	+	LRB104 12020 JRC 22115 b LRB104 12020 JRC 22115 b
	42	+	LRB104 12020 JRC 22115 b
	43	+	A BILL FOR
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65		-	~~HB3049 Engrossed - 2 - LRB104 12020 JRC 22115 b~~
	49	+	750 ILCS 5/209 from Ch. 40, par. 209
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70		-	1 solemnization. A mayor or president of a city, village, or
71		-	2 incorporated town shall not receive any compensation in return
72		-	3 for the solemnization of a marriage.
73		-	4 (a-5) Nothing in this Act shall be construed to require
74		-	5 any religious denomination or Indian Nation or Tribe or Native
75		-	6 Group, or any minister, clergy, or officiant acting as a
76		-	7 representative of a religious denomination or Indian Nation or
77		-	8 Tribe or Native Group, to solemnize any marriage. Instead, any
78		-	9 religious denomination or Indian Nation or Tribe or Native
79		-	10 Group, or any minister, clergy, or officiant acting as a
80		-	11 representative of a religious denomination or Indian Nation or
81		-	12 Tribe or Native Group is free to choose which marriages it will
82		-	13 solemnize. Notwithstanding any other law to the contrary, a
83		-	14 refusal by a religious denomination or Indian Nation or Tribe
84		-	15 or Native Group, or any minister, clergy, or officiant acting
85		-	16 as a representative of a religious denomination or Indian
86		-	17 Nation or Tribe or Native Group to solemnize any marriage
87		-	18 under this Act shall not create or be the basis for any civil,
88		-	19 administrative, or criminal penalty, claim, or cause of
89		-	20 action.
90		-	21 (a-10) No church, mosque, synagogue, temple,
91		-	22 nondenominational ministry, interdenominational or ecumenical
92		-	23 organization, mission organization, or other organization
93		-	24 whose principal purpose is the study, practice, or advancement
94		-	25 of religion is required to provide religious facilities for
95		-	26 the solemnization ceremony or celebration associated with the
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	53	+	LRB104 12020 JRC 22115 b
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101		-	HB3049 Engrossed - 3 - LRB104 12020 JRC 22115 b
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106		-	1 solemnization ceremony of a marriage if the solemnization
107		-	2 ceremony or celebration associated with the solemnization
108		-	3 ceremony is in violation of its religious beliefs. An entity
109		-	4 identified in this subsection (a-10) shall be immune from any
110		-	5 civil, administrative, criminal penalty, claim, or cause of
111		-	6 action based on its refusal to provide religious facilities
112		-	7 for the solemnization ceremony or celebration associated with
113		-	8 the solemnization ceremony of a marriage if the solemnization
114		-	9 ceremony or celebration associated with the solemnization
115		-	10 ceremony is in violation of its religious beliefs. As used in
116		-	11 this subsection (a-10), "religious facilities" means
117		-	12 sanctuaries, parish halls, fellowship halls, and similar
118		-	13 facilities. "Religious facilities" does not include facilities
119		-	14 such as businesses, health care facilities, educational
120		-	15 facilities, or social service agencies.
121		-	16 (b) The solemnization of the marriage is not invalidated:
122		-	17 (1) by the fact that the person solemnizing the marriage was
123		-	18 not legally qualified to solemnize it, if a reasonable person
124		-	19 would believe the person solemnizing the marriage to be so
125		-	20 qualified; or (2) by the fact that the marriage was
126		-	21 inadvertently solemnized in a county in Illinois other than
127		-	22 the county where the license was issued and filed.
128		-	23 (c) Any marriage that meets the requirements of this
129		-	24 Section shall be presumed valid.
130		-	25 (Source: P.A. 101-14, eff. 6-14-19.)
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	63	+	HB3049 LRB104 12020 JRC 22115 b
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	68	+	1 (5) by a public official whose powers include
	69	+	2 solemnization of marriages; ,
	70	+	3 (6) by a mayor or president of a city, village, or
	71	+	4 incorporated town who is in office on the date of the
	72	+	5 solemnization except that a mayor or president of a city,
	73	+	6 village, or incorporated town may not receive any
	74	+	7 compensation in return for the solemnization of a
	75	+	8 marriage; or ,
	76	+	9 (7) or in accordance with the prescriptions of any
	77	+	10 religious denomination, Indian Nation or Tribe or Native
	78	+	11 Group, provided that when such prescriptions require an
	79	+	12 officiant, the officiant be in good standing with his or
	80	+	13 her religious denomination, Indian Nation or Tribe or
	81	+	14 Native Group.
	82	+	15 Either the officiant person solemnizing the marriage or
	83	+	16 both parties to the marriage self-solemnizing the marriage ,
	84	+	17 or, if no individual acting alone solemnized the marriage,
	85	+	18 both parties to the marriage, shall sign and complete the
	86	+	19 marriage certificate form and forward it to the county clerk
	87	+	20 within 10 days after such marriage is solemnized. On or before
	88	+	21 January 1, 2026, all State and county forms, websites, and
	89	+	22 other public communications, including, but not limited to,
	90	+	23 the "Marriage Application and Record", shall be updated to
	91	+	24 reflect and clarify the existence of both officiant
	92	+	25 solemnization and self-solemnization options for marriage
	93	+	26 solemnization. A mayor or president of a city, village, or
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136		-	HB3049 Engrossed - 4 - LRB104 12020 JRC 22115 b
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	104	+	1 incorporated town shall not receive any compensation in return
	105	+	2 for the solemnization of a marriage.
	106	+	3 (a-5) Nothing in this Act shall be construed to require
	107	+	4 any religious denomination or Indian Nation or Tribe or Native
	108	+	5 Group, or any minister, clergy, or officiant acting as a
	109	+	6 representative of a religious denomination or Indian Nation or
	110	+	7 Tribe or Native Group, to solemnize any marriage. Instead, any
	111	+	8 religious denomination or Indian Nation or Tribe or Native
	112	+	9 Group, or any minister, clergy, or officiant acting as a
	113	+	10 representative of a religious denomination or Indian Nation or
	114	+	11 Tribe or Native Group is free to choose which marriages it will
	115	+	12 solemnize. Notwithstanding any other law to the contrary, a
	116	+	13 refusal by a religious denomination or Indian Nation or Tribe
	117	+	14 or Native Group, or any minister, clergy, or officiant acting
	118	+	15 as a representative of a religious denomination or Indian
	119	+	16 Nation or Tribe or Native Group to solemnize any marriage
	120	+	17 under this Act shall not create or be the basis for any civil,
	121	+	18 administrative, or criminal penalty, claim, or cause of
	122	+	19 action.
	123	+	20 (a-10) No church, mosque, synagogue, temple,
	124	+	21 nondenominational ministry, interdenominational or ecumenical
	125	+	22 organization, mission organization, or other organization
	126	+	23 whose principal purpose is the study, practice, or advancement
	127	+	24 of religion is required to provide religious facilities for
	128	+	25 the solemnization ceremony or celebration associated with the
	129	+	26 solemnization ceremony of a marriage if the solemnization
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