Recognition of same-sex unions in Illinois

Legal recognition of same-sex relationships
Marriage
Argentina Belgium Canada Iceland Netherlands Norway Portugal South Africa Spain Sweden
Performed in some jurisdictions
Mexico: Mexico City United States: CT, DC, IA, MA, NH, NY, VT, Coquille, Suquamish
Recognized, not performed
Aruba (Netherlands only) Curaçao (Netherlands only) Israel Mexico: all states (Mexico City only) Sint Maarten (Netherlands only) United States: CA (conditional), MD
Civil unions and registered partnerships
Andorra Austria Brazil Colombia Czech Republic Denmark Ecuador Finland France - New Caledonia - Wallis and Futuna Germany Greenland Hungary Ireland Isle of Man Liechtenstein Luxembourg New Zealand Slovenia Switzerland United Kingdom Uruguay
Performed in some jurisdictions
Australia: ACT, NSW, TAS, VIC Mexico: COA United States: CA, CO, DE, HI, IL, ME, NJ, NV, OR, RI, WA, WI
Unregistered cohabitation
Australia Croatia Israel
Recognized in some jurisdictions
United States: MD
See also
Same-sex marriage Same-sex marriage legislation Timeline of same-sex marriage Recognition of same-sex unions in Europe Marriage privatization Civil union Domestic partnership Listings by country
LGBT portal
v · d · e

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 legislation that legalized civil unions in Illinois also allows opposite-sex civil unions and "reciprocity", recognition of substantially similar legal relationships, including same-sex marriages and civil unions, legally entered into in another jurisdictions. Same-sex marriages cannot be legally entered into in Illinois.

Relationship law

The Illinois Marriage and Dissolution of Marriage Act prohibits "marriages between 2 members of the same sex",^[2] and same-sex marriages are not recognized as they are held to be contrary to public policy.^[3] Adoption by gay individuals or partners, including second-parent adoptions are permitted.^[4] The Illinois Domestic Violence Act, which protects people who share or used to share a dwelling or a "dating relationship" with their abusers, is written in gender-neutral language, meaning it is applicable to same-sex partners.^[5]

History

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, for a total of 65% of Illinois residents who favored legal rights for same-sex couples.^[6]

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 legal same-sex marriage in the state.^[7] The bill died in committee.^[8] A second bill, HB 1826, would have created the Illinois Religious Freedom Protection and Civil Unions Act.^[9] Under the bill, the creation, benefits, and dissolution of civil unions would be essentially identical to marriage. The bill was not brought to a vote before the full House.^[10] Bills to legalize civil unions were introduced in the Illinois General Assembly in 2007 and 2009 without being put to a vote.

On January 14, 2009, Rep. Greg Harris reintroduced the Religious Freedom and Marriage Fairness Act in the Illinois House of Representatives, but it died in committee.^[11]

On February 18, 2009, Rep. Harris reintroduced the bill .^[12] which was reported out of committee, 4–3, along party lines, with Democrats in support and Republicans opposed. The bill advanced to third reading on March 19,^[12] but died on the floor. However, through a parliamentary procedure,^[13] Senate Bill 1716 was gutted and replaced with the contents of HB2234.^[14] Though the legislative session was scheduled to end on May 31, and no votes had been taken on the amended SB 1716 prior to that time, the deadline for passage of SB 1716 was extended to November 30.^[15]

On November 30, 2010, the House passed the bill by a 61–52 margin.^[16][17] The Senate approved the bill on December 1 by a 32–24 margin, sending it to Governor Pat Quinn.^[18] The Governor signed the Illinois Religious Freedom Protection and Civil Union Act into law on January 12,2011.^[19] The bill became effective June 1, 2011.

Also in 2009, the Equal Marriage Act, SB 2468, was introduced by Senator Heather Steans a Democrat from Chicago. This was the first time a same-sex marriage bill was introduced in the Illinois Senate. It would amend the Illinois Marriage and Dissolution of Marriage Act to declare that "a marriage is between 2 persons" (rather than, "a man and a woman"). The bill died in committee.

See also

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

References

1. ^ "Illinois gov signs historic civil unions legislation". Boston Herald. Associated Press. January 31, 2011. http://www.bostonherald.com/news/national/midwest/view/20110131illinois_gov_signs_historic_civil_unions_legislation/. Retrieved January 31, 2011. 
2. ^ Illinois Marriage and Dissolution of Marriage Act (IMDMA): Prohibited marriages. 750 ILCS 5/212.
3. ^ IMDMA: Same sex marriages; public policy. 750 ILCS 5/213.1
4. ^ Recent vote puts spotlight on gay adoption", Medill School of Journalism.
5. ^ Illinois Domestic Violence Act of 1986. 750 ILCS 60/103(6).
6. ^ "Illinois Policy Service 2005". February 17, 2005. http://www.niu.edu/PubAffairs/presskits/ips2005/marriagerights.html. Retrieved December 26, 2007. 
7. ^ "Gay marriage bill in state legislature". Chicago Tribune. February 23, 2007. http://archives.chicagotribune.com/2007/feb/23/news/chi-0702230111feb23. Retrieved June 4, 2009. 
8. ^ "House Bill 1615 - Bill Status". http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1615&GAID=9&DocTypeID=HB&LegID=30427&SessionID=51&GA=95&SpecSess=0. Retrieved February 16, 2008. 
9. ^ "House Bill 1826". http://www.ilga.gov/legislation/fulltext.asp?DocName=09500HB1826ham001&GA=95&SessionId=51&DocTypeId=HB&DocNum=1826&GAID=9. Retrieved February 16, 2008. 
10. ^ "House Bill 1826 - Bill Status". http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1826&GAID=9&DocTypeID=HB&LegID=&SessionID=51&SpecSess=&Session=&GA=95. Retrieved May 24, 2008. 
11. ^ "House Bill 0178 - Bill Status". http://www.ilga.gov/legislation/billstatus.asp?DocNum=178&GAID=10&GA=96&DocTypeID=HB&LegID=40195&SessionID=76#actions. 
12. ^ ^{a b} "House Bill 2234 - Bill Status". http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=2234&GAID=10&SessionID=76&LegID=44055. 
13. ^ "The Latest (Washington Blade Blog)". http://www.washblade.com/thelatest/thelatest.cfm?blog_id=25479. 
14. ^ Bill text (House Amendment 1 to Senate Bill 1716)
15. ^ Senate Bill 1716 - Bill Status
16. ^ Illinois House Passes Gay Civil Unions Bill
17. ^ Ill. House approves civil unions for gay couples
18. ^ "Quinn plans civil-union signing in 2011". Chicago Sun-Times. Associated Press. December 4, 2010. http://www.suntimes.com/news/politics/2944380,CST-NWS-Unions1204.article. Retrieved December 4, 2010. 
19. ^ http://www.csmonitor.com/USA/SOCIETY/2011/0131/Illinois-governor-signs-civil-unions-bill-is-gay-marriage-next

External links

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