Many people do not know that opposite-sex, same-sex and senior couples in Illinois can be denied the basic rights to make emergency health care decisions for their partners, to visit their partners in hospitals, to share a nursing home room, or even to make funeral arrangements after a partner passes away. This is wrong Illinois has an opportunity to provide basic rights to all committed couples.
The Illinois Religious Freedom Protection and Civil Union Act helps establish basic fairness by extending state-level legal protections and responsibilities of marriage to all committed couples in Illinois. Under the Act, civil unions would be open to all adult couples (including opposite-sex, same-sex and senior couples) and afford these couples the state-level protections and responsibilities essential to all families. The legislation also preserves the separation of church and state and ensures that religious denominations are not forced to recognize or sanctify relationships they oppose.
Pam V. of New Berlin, IL is a widow whose late husband Scott worked for the Illinois School for the Deaf in Jacksonville, IL. Scott died as the result of a liver transplant leaving her with a college age son and pre-teen daughter to support. Pam currently receives Scott's State of Illinois pension. Unfortunately, she would lose these pension benefits if she ever remarried. However, a civil union would allow her to maintain her pension and financial security, as well as protect her children's financial future.
The Act opens civil unions to all adult couples, whether of the opposite or same sex. Applicants for a civil union would have to obtain a license and register their union. Civil Unions are serious commitments. All current procedures and rules applicable to invalidity (a.k.a. annulment), dissolution (a.k.a. divorce), and property division would equally apply to partners in a civil union.
The Act is simple and legally sound. It would allow Illinois to recognize civil unions performed in other states. It would not impact federal marriage laws or grant federal marriage benefits.
House Bill 1826 specifically and emphatically protects religious institutions from being compelled to sanction a union that they oppose as a matter of faith. Section 102 states:
“Nothing in this Act shall be construed to interfere or regulate religious practice of the many faiths in Illinois that grant the status, sacrament, and blessing of marriage under wholly separate religious rules, practices, or traditions of such faiths. Additionally, nothing in this Act shall be construed to require any religious body, Indian Nation, Indian Tribe, Native Group, or officiant thereof to solemnize or officiate a civil union.”