Illinois Legislature Gives Final Approval To Same-Sex Marriages

As reported by the Chicago Sun-Times and the New York Times, the Illinois General Assembly yesterday gave final approval to SB10 legalizing same-sex marriage in the state.  The state Senate had originally passed the bill in February, but the crucial House vote did not come until yesterday, delayed by opposition form black clergy and the Catholic Archdiocese of Chicago.  The House vote, after  adding one amendment to the Senate bill, was 61-54 with 2 abstentions. The Senate then quickly approved the bill as amended by a vote of 32-21. Gov. Pat Quinn has said he will sign the bill.

The bill contains protections for objecting clergy and religious institutions:

Nothing in this Act shall interfere with or regulate the religious practice of any religious denomination or Indian Nation....

Nothing in this Act shall be construed to require any religious denomination or Indian Nation ... or any minister, clergy, or officiant acting as a representative of a religious denomination or Indian Nation ... to solemnize any marriage. Instead [it is] ... free to choose which marriages it  will solemnize. Notwithstanding any other law to the contrary, a refusal by a religious denomination or Indian Nation..., or any minister, clergy, or officiant ... to solemnize any marriage under this Act shall not create or be the basis for any civil, administrative, or criminal penalty, claim, or cause of action.

No church, mosque, synagogue, temple, nondenominational ministry, interdenominational or ecumenical organization, mission organization, or other organization whose principal purpose is the study, practice, or advancement of religion is required to provide religious facilities for the solemnization ceremony or celebration associated with the solemnization ceremony of a marriage if the ... ceremony or celebration ... is in violation of its religious beliefs. [Such] entity ... shall be immune from any civil, administrative, criminal penalty, claim, or cause of action based on its refusal to provide religious facilities .... As used in this subsection..., "religious facilities" means sanctuaries, parish halls, fellowship halls, and similar facilities. "Religious facilities" does not include facilities such as businesses, health care facilities, educational facilities, or social service agencies.