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Same-sex marriage in Illinois

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Part of the LGBT rights series
Same-sex marriage legal

Recognized

Same-sex marriage not legal, but civil unions or registered partnerships legal
Minimal recognition
See also
Notes
  1. KoN: 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.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: 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.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

Same-sex marriage is recognized by the U.S. state of Illinois by means of a law signed on November 20, 2013 by Governor Pat Quinn and taking effect on June 1, 2014.

Previously, Quinn signed legislation on January 31, 2011, that legalized civil unions in Illinois as of June 1, 2011. The law also allows opposite-sex couples to form civil unions and provides state recognition of substantially similar legal relationships, including same-sex marriages and civil unions, entered into in other jurisdictions.

Same-sex marriage legislation was introduced in successive sessions of the General Assembly from 2007 to 2013. Legislation was filed in both houses in January 2013 and passed by a vote of 34–21 in the Senate in February. On February 26, 2013, the Illinois House Executive Committee approved the bill by a 6–5 vote.[1] Representative Greg Harris, anticipating its defeat, did not call for a vote before the legislature adjourned on May 31,[2] but instead extended the deadline for its approval until August 31, allowing for it to be considered by a special session of the legislature. That deadline was further extended through to the veto session of the Illinois House and Senate of October and November 2013.[3]

The House of Representatives passed a bill (SB10) legalizing same-sex marriage by a 61–54 vote on November 5, 2013, narrowly achieving the required 60-vote threshold.[4] The state Senate quickly approved the amended bill by a 32–21 vote margin[5] and Governor Pat Quinn signed the bill into law on November 20.[6] The law is scheduled to go into effect on June 1, 2014, when same-sex couples will be able to apply for marriage licenses and then marry after the mandatory one-day waiting period.[7] On February 21, 2014, a United States District Court judge ruled that same-sex couples in Illinois largest county - Cook County - could marry immediately and need not wait for the law's intended date of effect.[8]

Marriage ban

In 1996, because Hawaii seemed poised to legalize same-sex marriage,[9] the Illinois Marriage and Dissolution of Marriage Act was amended to prohibit marriage between two individuals of the same sex[10] and state that "marriage between 2 individuals of the same sex is contrary to the public policy of this State".[11]

Attempts to add language banning same-sex marriage to the state constitution have not been successful.[12][13][14]

Civil unions

Representative Greg Harris introduced the Illinois Religious Freedom Protection and Civil Unions Bill on February 23, 2007.[15] 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.[15] On February 18, 2009, Harris re-introduced the civil union bill,[16] 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.[16] Instead of proceeding with that bill, Harris's committee substituted the language for that in a bill already before the committee on May 26, 2009.[17] On November 30, 2010, the House passed the bill by a vote of 61–52. The Senate approved it on December 1 by a vote of 32–24. Governor Pat Quinn signed the legislation on January 31, 2011, and it went into effect on June 1, 2011.[18]

Following the Governor's signature of the 2013 law that legalized same-sex marriage in Illinois, civil unions remain in effect and operative for both opposite-sex and same-sex couples. Couples who want to convert their civil union to a marriage can do so, with or without performing a new ceremony, for up to one year from the date that the marriage law takes effect (June 1, 2014). Those couples will be exempt from paying a fee. The date of the marriage will be recorded as the date of the original civil union. Couples who wait longer than one year will have to perform a new ceremony and pay a fee.[19]

Same-sex marriage legislation

On February 22, 2007, Representative Greg Harris introduced the Religious Freedom and Marriage Fairness Bill in the Illinois House of Representatives, which would have provided for same-sex marriage in the state.[20] The bill died in committee.[21] On January 14, 2009, Harris reintroduced the bill in the new session, but it once again died in committee.[22] In October that year, Senator Heather Steans introduced the Equal Marriage Bill, the first same-sex marriage bill filed in the Senate, but it too died in committee.[23]

In February 2012, Harris introduced his bill again.[24] On December 13, Harris and Sen. Heather Steans announced plans for the General Assembly to consider the legislation before it dissolved early in January 2013.[25]

On January 2, 2013, at the end of the 97th General Assembly, Steans re-introduced her bill as an amendment to an unrelated Senate bill. After a legislative misstep, she again introduced the legislation as an amendment, this time to a House bill.[26] The Senate Executive Committee approved the amendment on January 3, 2013, sending it to the full Senate for a floor vote,[27] but the bill fell with the beginning of the 98th General Assembly on January 9.

Steans and Harris filed new bills on January 9[28][n 1] and 10,[30] respectively. Steans's bill was approved by the Senate Executive Committee on February 5, 2013.[28] On 14 February 2013 the Senate approved the bill in a 34–21 vote.[31] Governor Pat Quinn said he would sign the bill into law if the Illinois House of Representatives also passed it.[32] On February 26, 2013, the Illinois House Executive Committee approved the bill by a 6–5 vote.[1] Harris, anticipating its defeat, did not call for a vote before the legislature adjourned on May 31,[2] but instead extended the deadline for its approval until August 31, allowing for it to be considered by a special session of the legislature if Governor Quinn identifies it for consideration should he call the legislature into special session as expected.[33] A special session was held on pension reform, the same-sex marriage bill however was not included. Instead, LGBT organizations and the bill's sponsors focused instead on increasing support for the legislation, with the goal of holding a vote in the October and November veto session of the House and Senate.[3]

The House of Representatives passed a bill (SB10) legalizing same-sex marriage by a 61–54 vote on November 5, 2013, narrowly achieving the 60-vote threshold.[4] The state Senate quickly approved the amended bill by a 32–21 vote margin and Governor Pat Quinn signed the bill into law on November 20.[6] The law is scheduled to go into effect on June 1, 2014, enabling same-sex couples to request marriage licenses on that date and perform ceremonies, after the mandatory one-day waiting period, from June 2, 2014,[7] although a court allowed a same-sex couple to be married on November 27, 2013.[34]

Reactions and commentary

In February 2012, Chicago Mayor Rahm Emanuel announced that he would work for the passage of a same-sex marriage bill.[35] Gov. Quinn said he was looking forward to building a majority for the legislation[36][37] and reiterated his support for same-sex marriage on May 11, 2012.[38] A spokesman for Catholic Conference of Illinois reiterated its opposition and said he was unaware of any legislators whose positions had changed. 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."[39]

On January 1, 2013, Archbishop of Chicago Francis, Cardinal George in a letter to Roman Catholic parishioners wrote that enacting same-sex marriage was "acting against the common good of society", adding, "The state has no power to create something that nature itself tells us is impossible."[40] For several weeks Pat Brady, state Republican Chairman, lobbied legislators to support the legislation, calling it "an issue of equality and we're the party of Lincoln",[41] and other party leaders called for his resignation.[42]

On January 10, Methodist Bishop Sally Dyck endorsed the legislation, saying that "[m]arriage equality is a civil rights issue", even though her church forbids her from celebrating such marriages.[43] A group of business leaders, including representatives of Google, Orbitz, and Morningstar, on January 13 asked legislators to consider the economic advantages of enacting same-sex marriage, noting that "human capital drives innovation and growth" and "[m]arriage equality would strengthen the workforces of Illinois employers".[44]

On November 5, President Obama tweeted "This is huge...the Illinois House just passed marriage equality." The White House also released a statement by the President stating: "As President, I have always believed that gay and lesbian Americans should be treated fairly and equally under the law. Over time, I also came to believe that same-sex couples should be able to get married like anyone else. So tonight, Michelle and I are overjoyed for all the committed couples in Illinois whose love will now be as legal as ours – and for their friends and family who have long wanted nothing more than to see their loved ones treated fairly and equally under the law."[45] Mayor of Chicago Rahm Emanuel tweeted his reaction: "With one vote, countless couples will be acknowledged for what they are under the law – families just like everyone else. Great day!"[5]

Bishop Larry D. Trotter, who helped lead opposition to the bill, applauded legislators "who stood up for God. Regardless of the passage of SB10, we will always believe that marriage is between one man and one woman," Trotter said. "Yet we will still love the members of the LGBT community. We pray God's Grace, Mercy and Blessings over the state of Illinois and the United States of America."[5]

Cook County

On February 21, 2014, U.S District Judge Sharon Johnson Coleman ruled that same-sex couples in Cook County, which includes Illinois' largest city Chicago, can wed immediately and need not wait for the law to take effect on its intended date of June 1. Coleman ruled that "there is no reason to delay further when no opposition has been presented to this court and committed gay and lesbian couples have already suffered from the denial of their fundamental right to marry."[46] On the day the ruling was published, a total of 46 couples requested and received a marriage license at the Cook County clerk's office.[8]

Champaign County

Citing the U.S. District Court ruling from February 21, 2014 allowing Cook County to start issuing marriage licenses to same-sex couples immediately, Champaign County Clerk Gordy Hulten began issuing marriages licenses to same-sex couples on February 26, 2014.[47]

Lawsuits

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.[48] Illinois Attorney General Lisa Madigan announced the next day that her office will support those lawsuits, and Orr favors same-sex marriage.[49][50] The Cook County State's Attorney Anita Alvarez has also conceded that the state's ban on same-sex marriages is unconstitutional.[51] 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.[52] 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.[53]

In July 2013, following the U.S. Supreme Court's decision in United States v. Windsor, the plaintiffs in both cases filed motions for summary judgment, asking for a swift ruling in favor of same-sex marriage in Illinois.[54] Circuit Judge Sophia Hall heard arguments on August 6 and rejected a motion to dismiss the case on September 27.[55][56][57] Both cases were dismissed on December 17.[58]

In November 2013, a federal judge ordered that a female same-sex couple be allowed to marry because one of them was terminally ill.[59] On December 6, four same-sex couples filed a lawsuit, Lee v. Orr, in federal district court seeking the right to marry without waiting for Illinois' statute to take effect. Two of the couples included a partner suffering from a serious illness. On December 10, Judge Sharon Johnson Coleman of the Northern District of Illinois ruled that any same-couple could marry if one of them is terminally ill.[60] On February 21, she ruled in a lawsuit against the Cook County Clerks Office that same-sex couples could begin marrying in that county immediately without waiting for the Illinois statute legalizing same-sex marriage to take effect on June 1. Cook County Clerk David Orr announced his office would accept applications for marriage licenses immediately.[61]

Public opinion

The 2005, the 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.[62]

In a 2010 New York Times poll, 48% of Illinois residents supported legalizing same-sex marriage.[63]

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.[64]

A February 2013 statewide poll by Southern Illinois University's Paul Simon Public Policy Institute found 45.5% of registered voters supported same-sex marriage, another 29.7% supported civil unions for same-sex couples. The percentage of those polled supporting the legalization of same-sex marriage had increased 12% since a poll by the same group in 2010.[65]

A February 2013 Crain's/Ipsos poll found that 50% of Illinois residents favored the same-sex marriage bill under consideration by the legislature, while 29% opposed it. The survey also found that feelings were stronger among those favoring legalization.[66]

An October 2013 Equality Illinois poll showed 52% of the state favored gay marriage, while 40% were opposed. 8% were undecided on the issue.[67]

See also

Notes

  1. ^ Steans introduced a shell bill, Senate Bill 10, on January 9 with the intention of filing a substitute amendment replacing it with the text of the marriage bill, which she did on February 5.[28] She filed another marriage bill, Senate Bill 110, on January 23.[29]

References

  1. ^ a b Long, Ray; Guerrero, Rafael (February 27, 2013). "Illinois House committee advances gay marriage bill". Chicago Tribune. Retrieved May 7, 2013.
  2. ^ a b Garcia, Monique; Huppke, Rex W.; Dizikes, Cynthia (June 1, 2013). "Gay marriage bill fails to go to vote in Illinois House". Chicago Tribune. Retrieved June 1, 2013.
  3. ^ a b "Veto session looms as marriage organizers push for last votes". Windy City Times. September 9, 2013.
  4. ^ a b Garcia, Monique; Long, Ray (November 5, 2013). "Lawmakers approve gay marriage in Illinois". Chicago Tribune. Retrieved November 21, 2013.
  5. ^ a b c McKinney, Dave (November 5, 2013). "Gay marriage bill passes state House, Senate — heads to Quinn's desk". Chicago Sun Times. Retrieved February 21, 2014.
  6. ^ a b Garcia, Monique (November 20, 2013). "Quinn signs Illinois gay marriage bill". Chicago Tribune. Retrieved November 20, 2013.
  7. ^ a b Geiger, Kim (November 5, 2013). "Q&A on same-sex marriage". Chicago Tribune. Retrieved November 21, 2013.
  8. ^ a b Lutz, BJ (February 21, 2014). "Judge: Gay Marriages Don't Have to Wait Until June". NBC Chicago. Retrieved February 21, 2014.
  9. ^ Dunlap, David W. (March 6, 1996). "Fearing a Toehold for Gay Marriages, Conservatives Rush to Bar the Door". New York Times. Retrieved June 3, 2012.
  10. ^ "750 ILCS 5/212 Illinois Marriage and Dissolution of Marriage Act". Illinois General Assembly. Retrieved February 14, 2013.
  11. ^ "750 ILCS 5/213.1 Illinois Marriage and Dissolution of Marriage Act". Illinois General Assembly. Retrieved February 14, 2013.
  12. ^ "Ill. Marriage Amendment Declared Dead". The Advocate. March 30, 2011. Retrieved June 3, 2012.
  13. ^ Wooten, Amy (March 14, 2007). "Project Marriage Illinois on Hold". Windy City Times. Retrieved June 3, 2012.
  14. ^ "Bill Brady Wants To Change Illinois Constitution To Ban Gay Marriage". Huffington Post. March 13, 2010. Retrieved June 3, 2010.
  15. ^ a b House Bill 1826 – Bill Status.
  16. ^ a b House Bill 2234 – Bill Status.
  17. ^ Senate Bill 1716 – Bill Status
  18. ^ Jackson, Cheryl V. (January 31, 2011). "Gov. Quinn signs civil union bill into law". Chicago Sun-Times. Retrieved February 7, 2013.
  19. ^ Gay marriage in Illinois: Q & A
  20. ^ "Gay marriage bill in state legislature". Chicago Tribune. February 23, 2007. Retrieved June 4, 2009.
  21. ^ "House Bill 1615 – Bill Status". Retrieved February 16, 2008.
  22. ^ "House Bill 0178 – Bill Status".
  23. ^ Senate Bill 2468 – Bill Status.
  24. ^ House Bill 5170 – Bill Status.
  25. ^ a b Long, Ray (December 14, 2012). "Gay marriage backers say General Assembly close to tying the knot". Chicago Tribune. Retrieved December 14, 2012.
  26. ^ House Bill 4963 – Bill Status.
  27. ^ "Gay marriage clears hurdle in Illinois as Senate committee approves bill, sends to full Senate". Washington Post. January 3, 2013. Retrieved January 4, 2013.
  28. ^ a b c Senate Bill 10 – Bill Status.
  29. ^ Senate Bill 110 – Bill Status.
  30. ^ House Bill 110 – Bill Status.
  31. ^ Long, Ray; Guerrero, Rafael (February 14, 2013). "Illinois Senate approves gay marriage". Chicago Tribune. Retrieved May 7, 2013.
  32. ^ Burnett, Sara (February 14, 2013). "Illinois votes to legalize gay marriage". Peoria Journal Star. Retrieved May 7, 2013.
  33. ^ "Madigan Grants Same Sex Marriage Bill Approval Deadline Extension". Illinois Observer. June 1, 2013. Retrieved June 1, 2013.
  34. ^ Sophia Tareen (November 27, 2013). "Same-sex couple's wedding a first for Illinois". Associated Press via The Denver Post. Retrieved December 26, 2013.
  35. ^ Dardick, Hal (February 15, 2012). "Emanuel backs Illinois gay marriage measure". Chicago Tribune. Retrieved February 17, 2012.
  36. ^ "Illinois Gov. Pat Quinn To Help 'Build A Majority' For Gay Marriage". On Top Magazine. February 17, 2012. Retrieved February 17, 2012.
  37. ^ "Governor Quinn comes to WBEZ (audio)". WBEZ. Retrieved February 17, 2012.
  38. ^ Kate Sosin (May 11, 2012). "Quinn comes out for marriage equality". Windy City Times. Retrieved June 8, 2012.
  39. ^ Sweet, Lynn (December 29, 2012). "Obama urging state lawmakers to legalize gay marriage in Illinois". Chicago Sun Times. Retrieved December 29, 2012.
  40. ^ Balde, Lisa (January 2, 2013). "Gay Marriage Debate Heats Up in Illinois". NBC Chicago. Retrieved January 2, 2013.
  41. ^ "Illinois GOP chairman backing gay marriage". WBEZ. January 3, 2013. Retrieved January 13, 2013.
  42. ^ Keefe, Alex (January 9, 2013). "Facing rebellion, state GOP chair rejects calls to resign over gay marriage support". WBEZ. Retrieved January 13, 2013.
  43. ^ Hodges, Sam (January 10, 2013). "Bishop Sally Dyck endorses same-sex marriage proposal in Illinois". United Methodist Reporter. Retrieved January 13, 2013.
  44. ^ "Business Leaders Come Out in Support of Illinois Marriage Equality". NBC Chicago. January 13, 2013. Retrieved January 13, 2013.
  45. ^ Illinois house passes gay marriage bill tuesday paving the way for legalization
  46. ^ "Same-sex couples allowed to wed in Cook County, Illinois". Reuters. February 21, 2014. Retrieved February 21, 2014.
  47. ^ Geiger, Kim (26 February). "Champaign County begins issuing same-sex marriage licenses". Chicago Tribune. Retrieved 27 February 2014. {{cite news}}: Check date values in: |date= (help)
  48. ^ Sophia Tareen (May 30, 2012). "ACLU challenges Ill. marriage law". Minnesota Public Radio. Retrieved May 30, 2012.
  49. ^ Rex W. Huppke (June 1, 2012). "Attorney general backs challenges to gay marriage ban". Chicago Tribune. Retrieved June 3, 2012.
  50. ^ Chris Geidner (June 2, 2012). "Illinois AG Supports Marriage Equality Lawsuits, Raising Question of Who Will Defend Civil Unions". MetroWeekly. Retrieved June 3, 2012.
  51. ^ Rex W. Huppke; Stacy St. Clair (June 15, 2012). "State's gay marriage ban unlawful, Alvarez says". Chicago Tribune. Retrieved June 15, 2012.
  52. ^ Rex W. Huppke (July 3, 2012). "Illinois clerks get OK to defend gay marriage ban". Chicago Tribune. Retrieved July 3, 2012.
  53. ^ Doyle, Bridget (December 1, 2012). "Churches, family group can't intervene in same-sex marriage lawsuit, judge rules". Chicago Tribune. Retrieved December 14, 2012.
  54. ^ "Lambda Legal and ACLU of Illinois Ask Court for Swift Ruling for Freedom To Marry". Lambda Legal. July 10, 2013.
  55. ^ "Same-sex marriage Lawsuit Challenges Illinois Gay Marriage Ban". NBC Chicago. August 6, 2013. Retrieved August 6, 2013.
  56. ^ "Judge: Same-Sex Marriage Lawsuit Can Proceed". CBS Chicago. September 27, 2013.
  57. ^ "Analysis: Illinois judge allows claims that the state marriage ban violates due process and equal protection to move forward". Equality On Trial. September 30, 2013.
  58. ^ Simonette, Matt (December 17, 2013). "Darby vs. Orr lawsuit dismissed". Windy City Media. Retrieved February 21, 2014.
  59. ^ Snow, Justin (November 26, 2013). "Federal judge orders early issuing of marriage license to Illinois same-sex couple". Metro Weekly. Retrieved February 21, 2014.
  60. ^ "Illinois: Terminally Ill Allowed to Marry". New York Times. December 16, 2013. Retrieved February 21, 2014.
  61. ^ Esposito, Stefano; Schlickerman, Becky (February 21, 2014). "Gay marriages in Cook Co. don't have to wait, judge rules". Chicago Sun Times. Retrieved February 21, 2014.
  62. ^ "Illinois Policy Service 2005". February 17, 2005. Retrieved December 26, 2007.
  63. ^ New York Times: "Support for Same-Sex Marriage, State by State," August 21, 2010, accessed May 30, 2012
  64. ^ "Illinois and New Jersey support gay marriage" (PDF). Public Policy Polling. Retrieved December 5, 2012.
  65. ^ "Poll: Sharp jump in support for gay marriage in Illinois". The Saluki Times. 15 February 2013. Retrieved 12 April 2013.
  66. ^ "Illinoisans back gay marriage 50-29: Crain's/Ipsos poll". Crain's Chicago Business. February 19, 2013. Retrieved February 19, 2013.
  67. ^ "Illinois' voters support marriage equality" (PDF). Equality Illinois. Retrieved 2013-10-21.
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