ILLINOIS
Religion based laws and bills that affect the State of Illinois.
In regard to the rights of gays and lesbians to marry.
750 ILCS 5/Illinois Marriage and Dissolution of Marriage Act, Section 201 states "A marriage between a man and a woman licensed, solemnized and registered as provided in this Act is valid in this State." Section 213.1 states "Same‑sex marriages; public policy. A marriage between 2 individuals of the same sex is contrary to the public policy of this State." Section 213.1 was effective as of 5/24/96.
SB2755 "Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that only marriage between one man and one woman shall be valid or recognized in Illinois. Provides that the uniting of persons of the same sex in a civil union, domestic partnership, or other similar same sex relationship shall not be valid or recognized in Illinois. Effective immediately." Introduced and sponsored by Sen. Bill Brady (R-44), this bill was filed in the Senate, given its first reading, and referred to the Rules Committee on January 20, 2006.
HR0869 "Resolves that the General Assembly not recognize or hold valid the uniting of persons of the same sex in a civil union, domestic partnership, or other similar same sex relationship in this State and that the General Assembly not allow couples to register their partnership in such a manner as to give them the rights and responsibilities of married couples." This was introduced on 1/31/06 by Rep. Kurt M. Granberg (D-107), and was referred to the Rules Committee on 2/1/06.
SJRCA0070 is a proposed Constitutional Amendment also sponsored by Sen. Brady that "Proposes to amend the General Provisions Article of the Illinois Constitution to provide that a marriage can only be between one man and one woman. Proposes any relationship between persons of the same sex in a civil union, domestic partnership, or other similar same sex relationship shall not be valid or recognized in Illinois. Effective upon being declared adopted." It was filed in the Senate and referred to the Rules Committee on January 31, 2006.
HJRCA0001 is the same proposed Constitutional Amendment introduced in the House by Rep. Bill Mitchell (R-87). It was prefiled with the Clerk by Rep. Mitchell on 12/15/04, and was read in full for the first time and referred to the Rules Committee on 1/12/05.
HJRCA0011 "Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that only a union of one man and one woman shall be valid or recognized as a marriage in this State. Provides that this State and its political subdivisions shall not create or recognize a legal status similar to that of marriage.". Introduced by Rep. David Reis (R-108) on 2/10/05, it was read in full and referred to the Rules Committee on that date. Rep. Renee Kosel (R-81) signed on as co-sponsor on 1/31/06. Rep. Donald L. Moffitt (R-74) signed on as a chief co-sponsor on 4/18/2006.
SJR0019, introduced on 2/23/05 by Sen. Chris Lauzen (R-25), "urges Congress to propose an amendment to the United States Constitution providing for the protection of traditional marriage." This proposed resolution was sent to the Rules Committee on 2/25/05.
There is also an organization called Protect Marriage Illinois which is gathering names to submit a petition to the legislature calling for a constitutional amendment. Their plan is to submit this petition on April 20, 2006. Their website lists Rep. Robert W. Pritchard (R-70) as endorsing their movement.
In regard to the Illinois Human Rights Act.
775 ILCS 5/Illinois Human Rights Act, Section 1-102, provides for "Freedom from Unlawful Discrimination. To secure for all individuals within Illinois the freedom from discrimination against any individual because of his or her race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap, military status, sexual orientation, or unfavorable discharge from military service...". Section 1-103(O-1) defines "sexual orientation" as "actual or perceived heterosexuality, homosexuality, bisexuality, or gender‑related identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult." (Effective 1/1/06.)
HB3741, introduced on 2/24/05 by Rep. Randall M. Hultgren (R-95) and co-sponsored by Reps. David Reis (R-108), Shane Cultra (R-105), Chapin Rose (R-110), Art Tenhouse (R-93), Dave Winters (R-68), John E. Bradley (D-117), Timothy L. Schmitz (R-49), Roger L. Eddy (R-109), and Dan Brady (R-88); and SB2037, introduced on 2/25/05 by Sen. Chris Lauzen (R-25) and co-sponsored by Sens. Edward Petka (R-42), J. Bradley Burzynski (R-35), Dave Syverson (R-34), Steven J. Rauschenberger (R-22), Peter J. Roskam (R-48), Dale A. Righter (R-55), John O. Jones (R-54), Wendell E. Jones (R-27), Gary G. Dahl (R-38), Bill Brady (R-44), David Luechtefeld (R-58), Richard J. Winkel, Jr. (R-52), and Frank C. Watson (R-51) would remove "language added by Public Act 93-1078 providing that discrimination against a person because of sexual orientation constitutes unlawful discrimination and making it a civil rights violation to engage in blockbusting in real estate because of the present or prospective entry of persons with a particular sexual orientation into the vicinity." The Senate version is in the Rules Committee as of 2/25/05. The House version is in the Rules Committee as of 3/10/05.
SB1632, introduced on 2/23/05 by Sen. Bill Brady (R-44), "In the Employment Article, provides that the [Human Rights] Act does not apply to a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society with respect to employment qualifications based on religion or sexual orientation." This bill is in the Rules Committee as of 2/23/05.
HB1063 would change the language in the Human Rights Act regarding employers to exclude any religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society; and any institution conducted by and for those who rely upon treatment by prayer through spiritual means. Provides that nothing in the Act shall be construed to require any employer to comply with the Act in violation of the U.S. Supreme Court decision in Boy Scouts of America v. Dale. In the Public Accommodations Article, the bill would change the exemption for distinctly private facilities so that it applies to single-sex private facilities that are distinctly private in nature, such as restrooms, bathrooms, shower rooms, changing rooms, bath houses, health clubs, and other similar facilities. The Public Accommodations section was then amended to change the exemption for distinctly private facilities so that it applies only as to discrimination based on sex. A further amendment provides that The Employment Article adds a provision that the exception applies to any religious organization, association, or society, or any nonprofit institution or organization "acting upon the tenets of its faith". In the Employment Article, in a provision that nothing in the Act shall be construed to require any employer to comply with the Act in violation of the U.S. Supreme Court decision in Boy Scouts of America v. Dale, provides that the provision does not apply if that decision is overturned by the U.S. Supreme Court. This same amendment, in the Public Accommodations Article, changes the exemption for distinctly private facilities so that it applies to any facility, as to discrimination based on sex, that restricts the use of public accommodations to individuals of one sex and is distinctly private in nature, such as restrooms, bathrooms, shower rooms, changing rooms, bath houses, health clubs and other similar facilities for which the Department of Human Rights, in its rules, grants additional exemptions based on bona fide considerations of public policy. This bill was filed on 2/7/05 by Rep. David Reis (R-108) and is currently co-sponsored by Reps. Daniel V. Beiser (D-111), Jerry L. Mitchell (R-90), Dave Winters (R-68), Dan Reitz (D-116), Keith P. Sommer (R-106), Bob Biggins (R-41), John J. Millner (R), Michael P. McAuliffe (R-20), Michael Tryon (R-64), Shane Cultra (R-105), Robert W. Pritchard (R-70), Dan Brady (R-88), Mike Bost (R-115), Rich Brauer (R-100), Randall M. Hultgren (R-95), Robert W. Churchill (R-62), Jim Watson (R-97), Patrick J Verschoore (D-72), and Terry R. Parke (R-44). The bill has been through many committees, and as of 5/31/05 is currently in the Rules Committee.
In regard to health care.
HB4230, introduced on 12/7/05 by Rep. Kurt M. Granberg (D-107) and co-sponsored by Rep. Paul D. Froehlich (R-56), would amend "the Pharmacy Practice Act of 1987. Provides that a pharmacist licensed under the Act may, based on his or her personal, religious beliefs, refuse to fill a prescription for and to dispense emergency contraception." This was referred to the Rules Committee on 1/4/06.
SB2343, introduced by Rep. Bill Brady (R-44) on 1/12/06, similarly would amend "the Pharmacy Practice Act of 1987. Provides that a pharmacist licensed under the Act may, based on his or her personal, religious beliefs, refuse to fill a prescription for and to dispense emergency contraception." In addition, the bill would also amend "the Health Care Right of Conscience Act. Adds the dispensation of prescribed medication to the list of activities included in the definition of "health care", adds pharmacist to the list of occupations included in the definition of "health care personnel", and adds pharmacy to the list of facilities included in the definition of "health care facility"." This was referred to the Rules Committee on 1/12/06.
HB4346 is the House version of SB2343. It was introduced on 1/3/06 and has been through numerous House committees, currently in the Rules Committee as of 3/3/06 after the Second Reading. This bill was introduced by Rep. Kurt M. Granberg (D-107) and is co-sponsored by Reps. Paul D. Froehlich (R-56), Dan Reitz (D-116), Patricia R. Bellock (R-47), Brandon W. Phelps (D-118), Jim Sacia (R-89), Harry R. Ramey, Jr. (R-55), Robert W. Pritchard (R-70), Roger L. Eddy (R-109), Joseph M. Lyons (D-19), Randall M. Hultgren (R-95), and David Reis (R-108).
In regard to other faith-based acts and resolutions.
HJR0067, introduced 10/7/05 by Rep. David Reis (R-108), "urges Congress to call a federal Constitutional Convention to propose an Amendment to the federal Constitution to provide explicitly for the constitutionality of public, non-sectarian expressions of personal faith and reverence, including, but not limited to, the current wording of the Pledge of Allegiance." The proposed resolution was sent to the Rules Committee on 10/18/05.