Same-sex marriage in Illinois: Difference between revisions

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See also Same-sex union legislation Same-sex union court cases Timeline of same-sex marriage Recognition of same-sex unions in Africa Recognition of same-sex unions in Asia Recognition of same-sex unions in Europe Recognition of same-sex unions in the Americas Recognition of same-sex unions in Oceania Marriage privatization Divorce of same-sex couples Domestic partnership Military policy Adoption Listings by country LGBT rights by country or territory
Notes ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands. ^ Neither performed nor recognized in six British Overseas Territories. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights. ^ Hospital visitation rights through a "legal representative" status. ^ a b Not yet in effect.
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Illinois recognizes same-sex unions in the form of civil unions that provide same-sex couples the rights of marriage under state law. Civil unions were legalized in Illinois on January 31, 2011, after Governor Pat Quinn signed legislation, and the law went into effect on June 1, 2011.^[1] The same law also allows opposite-sex civil unions as well as recognition of substantially similar legal relationships, including same-sex marriages and civil unions, entered into in other jurisdictions. Same-sex marriages legislation was introduced in January 2013. The Senate Executive committee passed the legislation on January 3, 2013, sending it to the full senate for a floor vote. ^{[2] [3]}

In 1996, because Hawaii seemed poised to legalize same-sex marriage,^[4] the Illinois Marriage and Dissolution of Marriage Act was amended to state that "A marriage between 2 individuals of the same sex is contrary to the public policy of this state." The state does not recognize marriages entered into in other jurisdictions if the marriage would have been prohibited in Illinois.^[5][6]

Attempts to add language banning same-sex marriage to the state constitution have not been successful.^[7][8][9]

Representative Greg Harris introduced the Illinois Religious Freedom Protection and Civil Unions Act on February 23, 2007.^[10] It aimed to make the creation, benefits, and dissolution of civil unions essentially identical to marriage. The bill was not brought to a vote before the full House.^[11] On February 18, 2009, Harris re-introduced the civil union bill,^[12] which was reported out of committee following a 4–3 vote along party lines, with Democrats in support and Republicans opposed, but died on the floor.^[12]

Through a parliamentary procedure,^[13] the full text of the civil union bill was substituted for that of a different piece of legislation.^[14] On November 30, 2010, the House passed that bill by a vote of 61–52. The Senate approved it on December 1 by a vote of 32–24.^[15] Governor Pat Quinn signed the legislation on January 12, 2011,^[15] and it went into effect on June 1, 2011.

On February 22, 2007, Representative Greg Harris introduced the Religious Freedom and Marriage Fairness Act in the Illinois House of Representatives, which would have provided for same-sex marriage in the state.^[16] The bill died in committee.^[17] On January 14, 2009, Harris reintroduced the bill in the Illinois House of Representatives, but it died in committee.^[18] In October that year, Senator Heather Steans introduced the Equal Marriage Act, the first same-sex marriage bill filed in the Senate, but it too died in committee.^[19]

In February 2012, Harris introduced his bill again.^[20] Chicago Mayor Rahm Emanuel announced that he will work for its passage.^[21] Gov. Quinn said he was looking forward to building a majority for the legislation^[22][23] and reiterated his support for same-sex marriage on May 11, 2012.^[24] On December 13, Harris and Sen. Heather Steans announced plans for the General Assembly to consider the legislation before it dissolves early in January 2013.^[25] A spokesman for Catholic Conference of Illinois reiterated its opposition and said he was unaware of any legislators whose positions had changed.^[25] Another opponent, Sen. Tim Bivins, noted that in comparable lame duck legislative sessions Gov. Quinn had rewarded legislators who changed their votes with positions in his administration.^[25] On December 29, a spokesman for President Barack Obama reported his endorsement of the legislation: "While the president does not weigh in on every measure being considered by state legislatures, he believes in treating everyone fairly and equally, with dignity and respect. As he has said, his personal view is that it's wrong to prevent couples who are in loving, committed relationships, and want to marry, from doing so. Were the President still in the Illinois State Legislature, he would support this measure that would treat all Illinois couples equally."^[26] On January 1, 2013, Cardinal Francis George in a letter to Roman Catholic parishioners wrote that enacting same-sex marriage was "acting against the common good of society", adding that "The state has no power to create something that nature itself tells us is impossible."^[27]

In January 2013, Same-sex marriages legislation was introduced in the senate. The Senate Executive committee passed the legislation on January 3, 2013, sending it to the full senate for a floor vote. ^{[28] [29]}

On May 30, 2012, both Lambda Legal and the American Civil Liberties Union announced lawsuits in state court, Darby v. Orr and Lazaro v. Orr, challenging the refusal of the Cook County Clerk's office headed by David Orr to issue marriage licenses to same-sex couples. Both contend that the Illinois Marriage and Dissolution of Marriage Act violates the Illinois Constitution's guarantees of equal protection and due process.^[30] Illinois Attorney General Lisa Madigan announced the next day that her office will support those lawsuits, and Orr favors same-sex marriage.^[31][32] The Cook County State's Attorney Anita Alvarez has also conceded that the state's ban on same-sex marriages is unconstitutional.^[33] On July 3, the Circuit Court of Cook County, Chancery Division, approved the request of two County Clerks from other parts of the state, represented by the Thomas More Society, a conservative legal group, to intervene to defend the Act.^[34] On November 30, it denied requests by the Church of Christian Liberty, Grace Gospel Fellowship, and the Illinois Family Institute, opponents of same-sex marriage, to be allowed to intervene to defend the law.^[35]

The 2005 Illinois Policy Survey found that 31% of residents supported the legal right to marry someone of the same sex, and an additional 34% of residents supported civil unions.^[36]

In a 2010 New York Times poll, 48% of Illinois residents support legalizing same-sex marriage.^[37]

A September 2012 statewide poll by Southern Illinois University's Paul Simon Public Policy Institute found 44% of registered voters supported same-sex marriage, another 32% supported civil unions for same-sex couples, and 20% opposed any form of legal recognition of same-sex relationships, while 4% remain undecided. The percentage of those polled supporting the legalization of same-sex marriage increased 10% since a poll two years earlier.^[38]

A November 2012 Public Policy Polling survey found that 47% of Illinois voters were in favor of same-sex marriage, 42% were opposed, and 11% were not sure.^[39]

• LGBT rights in Illinois
• Same-sex marriage law in the United States by state

• Full text of IL Public Act 096-1513 - Illinois Religious Freedom Protection and Civil Union Act
• Illinois General Assembly - Bill Status for SB1716