The State of Illinois approved civil unions and the Governor signed the legislation!
Since June 1, 2011, couples have been able to enter into a civil union in Illinois.
EQIL and Lambda Legal have launched Civil Union Tracker. More information here.
Introduction
State Rights, Benefits, and Protections Being Denied to Illinois Same-Sex Couples
Illinois Laws and Pending Legislation
Legislative History
The Illinois Religious Freedom Protection and Civil Union Act (Senate Bill 1716) Talking Points
Myth Busters
Common Questions About Civil Unions in Illinois
Marriage Equality throughout the United States
Links and Resources
Introduction
A civil union is a form of relationship recognition that gives same-sex couples access to state created rights and obligations of civil marriage. Civil unions are important to Illinois same-sex couples and their families because under current law same-sex couples are denied state rights, benefits, and protections that are automatically guaranteed to heterosexual couples by civil marriage, including tax relief, emergency medical decision-making power, access to domestic relations laws and procedure, state spousal benefits including workers' compensation, inheritance rights and benefits, spousal testimonial privilege, and the right to control disposition of remains. It is a matter of basic fairness to extend these protections to all committed couples in Illinois.
Equality Illinois is working statewide to gain support for The Illinois Religious Freedom Protection and Civil Union Act (SB 1716), which would permit all committed couples to enter into a civil union. If passed by the Illinois General Assembly and signed by the Governor, The Act would grant equal access for all committed couples to the state's nearly 650 spousal benefits and protections. Same-sex couples would be able to enter into a civil union by obtaining a license from the city clerk, having a ceremony witnessed by a secular or willing religious official, and then registering their unions.
The Illinois Religious Freedom Protection and Civil Union Act ensures that every religious tradition can decide for itself whether or not to officiate at civil union ceremonies. The Act does not require religious traditions to recognize or solemnize civil unions. The Act expressly provides that: "Nothing in this Act shall interfere with or regulate the religious practice of any religious body. Any religious body, Indian Nation or Tribe or Native Group is free to choose whether or not to solemnize or officiate a civil union." This act would also not impact faith-based adoption agencies or adoption procedures.
Currently, five states and the District of Columbia have civil unions or their equivalent (sometimes called domestic partnerships): California, Nevada, New Jersey, Oregon, and Washington. Civil unions do not confer any of the federal rights that are conferred by marriage because current federal law under the Defense of Marriage Act (DOMA) prohibits the recognition of same-sex unions (For more information on DOMA see the Marriage Equality section of this site).
State Rights, Benefits, and Protections Being Denied to Illinois Same-Sex Couples
There are nearly 650 state rights, benefits, and protections that are denied to committed same-sex couples and their families in Illinois. Some of the essential rights and protections being denied loving same-sex couples and their families include:
- Emergency medical decision-making power
- Hospital visitation rights
- Equal tax treatment for couples and families at the state and local level
- Health insurance coverage for same-sex partners and the other partner's children
- Automatic inheritance without a will and equal estate tax treatment
- Right to take Family Emergency and Medical Leave
- Spousal Testimonial Privilege
- Equal access to domestic relations laws and procedure, including divorce, division of property, and visitation of children
- State spousal benefits including workers' compensation and spousal pension coverage
- Equal access to civil actions dependent on spousal status, including wrongful death, emotional distress, and loss of consortium
- Right to share a nursing home
- Right to control disposition of a partner's remains
Illinois Laws and Pending Legislation
Illinois Marriage and Dissolution of Marriage Act
- Illinois law prohibits marriage or recognition of marriage between two individuals of the same-sex. 750 ILCS 5/212
The Illinois Religious Freedom Protection and Civil Union Act
(Senate Bill 1716)
Purpose: The act would extend state law protections and responsibilities currently limited to married heterosexual couples to all committed couples in Illinois, including same-sex couples, by permitting them to enter into a civil union.
Effect:
Civil Unions:
- This Act would ensure all couples in Illinois access to nearly 650 plus rights, benefits, and protections guaranteed to married couples and their families, including:
*Emergency medical decision-making power and hospital visitation rights
*Equal access to state spousal benefits (including workers' compensation, spousal pension coverage, etc.)
*Equal access to domestic relations laws and procedure (including divorce and division of property)
*Equal access to civil actions dependent upon spousal status (wrongful death actions)
*Equal tax treatment at the state and local level
*Spousal testimonial privilege
*Inheritance rights and equal estate tax treatment
- Same-sex couples would be able to enter into a civil union by obtaining a license, exchanging vows before a secular or willing religious official, and then registering their unions. All current rules governing annulment, divorce, and property division would apply to partners in a civil union.
Religious Freedom:
- The Act would ensure that religious denominations are not forced to recognize or solemnize civil unions. The Act expressly provides that: "Nothing in this Act shall interfere with or regulate the religious practice of any religious body. Any religious body, Indian Nation or Tribe or Native Group is free to choose whether or not to solemnize or officiate a civil union." Every religious tradition can decide for itself whether or not to officiate at civil union ceremonies.
- This Act would also not impact faith-based adoption agencies or adoption procedures. The Act does not amend the Adoption Act.
Legislative History
On February 18, 2009, Rep. Greg Harris introduced the Illinois Religious Freedom Protection and Civil Union Act (HB 2234). The bill was successfully voted out of committee. The bill advanced to third and final reading on March 19, 2009. The bill was then converted to Senate Bill 1716. The Illinois General Assembly approved the bill in the House on November 30, 2010, and in the Senate on December 1, 2010. Governor Quinn has pledged to sign the legislation into law. Couples will be able to enter into a civil union starting June 1, 2011.
Organizations that Support The Illinois Religious Freedom
Protection and Civil Union Act (Senate Bill 1716)
In addition to the numerous LGBT rights organizations supporting the Act, the Act is supported by organizations and unions such as:
- Access Living
- ACLU of Illinois
- Anti-Defamation League
- Advocacy Council for Human Rights, Bloomington
- Chicago Bar Association
- Chicago Coalition of Welcoming Churches
- Citizen Action Illinois
- Chicago Teachers Union
- Heartland Alliance for Human Needs and Human Rights
- Illinois Department of Human Rights
- Illinois Federation of Teachers
- Illinois Network of Centers for Independent Living
- Illinois Planned Parenthood Council
- Illinois State Bar Association
- National Association of Social Workers of Illinois
- Northwest Suburban Now
- People for the American Way
- Protestants for the Common Good
- Quad Citians for Diversity
- Service Employees International Union
- Unite Here, Local 1
The Illinois Religious Freedom Protection and Civil Union Act (Senate Bill 1716) Talking Points
- The purpose of The Illinois Religious Freedom Protection and Civil Union Act is to extend state law marriage protections and responsibilities currently limited to married couples to all committed couples in Illinois, including same-sex couples.
- This Act would ensure all couples in Illinois access to nearly 650 rights, benefits, and protections afforded heterosexual married couples and their families, including:
*Equal tax treatment at the state and local level
*Emergency medical decision-making power
*Hospital visitation rights
*Equal access to state spousal benefits (including workers' compensation, spousal pension coverage, etc.)
*Equal access to domestic relations laws and procedure
*Inheritance rights and equal estate tax treatment
*Equal access to civil actions dependent upon spousal status
*Spousal testimonial privilege
*Right to share a nursing or hospital room
- It's about Fairness: It is a simple matter of fairness to provide basic protections like these to all committed couples in Illinois.
- It's about Families. The Act will extend protections to children of same-sex couples, who are being penalized by marriage discrimination. Under the current state of the law, many gay and lesbian parents are unable to assume full legal parenting rights resulting in children being denied healthcare coverage from their parents' employers. Children are also being denied survivor benefits when a parent in a same-sex relationship dies.
- Ensuring Religious Freedom: The struggle for same-sex relationship recognition is about legal rights--it does not demand that any church perform civil union ceremonies. The Act expressly provides that: "Nothing in this Act shall interfere with or regulate the religious practice of any religious body. Any religious body, Indian Nation or Tribe or Native Group is free to choose whether or not to solemnize or officiate a civil union." Every religious tradition can decide for itself whether or not to officiate at civil union ceremonies.
- Protecting Families without Burdening Taxpayers. The Act will have minimal fiscal impact to the Illinois state budget. Couples entering into civil unions will pay a similar processing fee as couples applying for marriage licenses.
Myth Busters
Myth: The Illinois Religious Freedom Protection and Civil Union Act forces religious traditions to recognize and officiate civil unions.
Fact: The Illinois Religious Freedom Protection and Civil Union Act ensures that religious denominations are not forced to recognize or officiate civil unions. The Act expressly provides that: "Nothing in this Act shall interfere with or regulate the religious practice of any religious body. Any religious body, Indian Nation or Tribe or Native Group is free to choose whether or not to solemnize or officiate a civil union."
Myth: Civil unions only benefit gay and lesbian couples.
Fact: The Illinois Religious Freedom Protection and Civil Union Act would present all committed couples in Illinois with the option of entering into a civil union.
Myth: The Illinois Religious Freedom and Civil Union Act will adversely impact the Illinois state budget--burdening taxpayers.
Fact: The Act will have a minimal fiscal impact on the state budget. There will be a nominal processing fee to be paid directly by couples entering into civil unions, just like the fee paid by couples applying for marriage licenses.
Myth: If same-sex couples want the benefits and protections of marriage, same-sex couples can create these benefits and protections by contract.
Fact: While some of the benefits and protections of marriage can be created by contract, most state benefits and protections cannot be created by contract, including estate tax benefits, spousal testimonial privilege, the right to take family medical leave, and the right to share a nursing home with a partner. Furthermore, contracts that create these benefits and protections are extremely costly; the cost can run upward to the tens of thousands of dollars. Heterosexual couples can receive all of the state benefits and protections of marriage if they pay the $40 marriage license fee.
Common Questions About Civil Unions in Illinois
Impact on Couples:
1. How would a couple enter and exit a civil union?
Answer: Same-sex couples could enter into a civil union by obtaining a license from the city clerk, exchanging vows before a secular or willing religious official, and then registering their unions. All of the current rules governing annulment, divorce, and property division that apply to couples in marriages would equally apply to couples in civil unions.
2. What state benefits would a couple be entitled to if they enter a civil union?
Answer: A couple that enters a civil union will be entitled to nearly 650 state rights and protections afforded heterosexual married couples, including: emergency medical decision-making power, hospital visitation rights, state spousal benefits, equal tax treatment at the state and local level, the right to make funeral arrangements, inheritance rights and equal estate tax treatment, the right to share a nursing or hospital room, and the protection of domestic relations law and procedure.
Impact on Families:
3. How would The Illinois Religious Freedom and Civil Union Act affect the children of same-sex couples?
Answer: The Act will extend current protections afforded to children of heterosexual married couples to children of same-sex couples. Many gay and lesbian parents are unable to assume full legal parenting rights over their partners' children because Illinois does not recognize same-sex relationships. For example, one major problem facing gay and lesbian parents is their employers' refusal to provide healthcare coverage to their partners' children.
Impact on the Illinois Faith Community:
4. Would religious denominations have to recognize and perform civil unions?
Answer: NO. The Act ensures that religious denominations are not forced to recognize or solemnize civil unions. The Act expressly provides that: "Nothing in this Act shall interfere with or regulate the religious practice of any religious body. Any religious body, Indian Nation or Tribe or Native Group is free to choose whether or not to solemnize or officiate a civil union."
5. How would the Act affect religious affiliated adoption agencies?
Answer: The Act would not impact faith-based adoption agencies or adoption procedures. The Act does not amend the Adoption Act, which governs both public and private adoption agencies.
Impact on Illinois:
6. How would civil unions in Illinois interrelate with the laws of other states and the federal government?
Answer: The Act would allow Illinois to recognize civil unions performed in other states. It would not impact federal marriage laws or grant federal marriage benefits.
7. How would the state budget be affected?
Answer: The Act will have minimal fiscal impact to the Illinois state budget--protecting all couples without burdening taxpayers.
Marriage Equality throughout the United States
- 5 States and the District of Columbia currently issue marriage licenses to same-sex couples: Connecticut (2008), District of Columbia (2010), Iowa (2009), Massachusetts (2004), New Hampshire (2010) and Vermont (2009).
- 5 States have civil unions or the equivalent of civil unions that confer state-level spousal rights to same-sex couples. California (domestic partnerships, 1999, expanded in 2005), Nevada (domestic partnerships, 2009), New Jersey (civil unions, 2007), Oregon (domestic partnerships, 2008), and Washington (domestic partnerships, 2007/2009).
Links and Resources
- Article: "Estate Planning, Other Implications of the Civil Unions Law"
- The Illinois Religious Freedom Protection and Civil Union Act: http://www.equalityillinois.org/cmsdocuments/Civil_Union_Bill.pdf
- Marriage Equality & Other Relationship Recognition Laws Map http://www.hrc.org/documents/Relationship_Recognition_Laws_Map.pdf
- American Civil Liberties Union of Illinois: Fact Sheet on The Illinois Religious Freedom Protection and Civil Union Act http://www.aclu-il.org/legislative/alerts/marriagefairness.pdf
