Illinois recognizes same-sex unions in the form of civil unions that provide same-sex couples the rights of marriage under state law. Civil unions were legalized in Illinois on January 31, 2011, after Governor Pat Quinn signed legislation, and the law went into effect on June 1, 2011.[1] The same law also allows opposite-sex civil unions as well as recognition of substantially similar legal relationships, including same-sex marriages and civil unions, entered into in other jurisdictions. Same-sex marriages cannot be legally entered into in Illinois.
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The Illinois Marriage and Dissolution of Marriage Act prohibits "marriages between 2 members of the same sex",[2] and same-sex marriages are not recognized as they are held to be contrary to public policy.[3] Adoption by gay individuals or partners, including second-parent adoptions are permitted.[4] The Illinois Domestic Violence Act, which protects people who share or used to share a dwelling or a "dating relationship" with their abusers, is written in gender-neutral language, meaning it is applicable to same-sex partners.[5]
The 2005 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, for a total of 65% of Illinois residents who favored legal rights for same-sex couples.[6]
On February 22, 2007, Representative Greg Harris introduced the Religious Freedom and Marriage Fairness Act in the Illinois House of Representatives, which would have provided for legal same-sex marriage in the state.[7] The bill died in committee.[8] A second bill, HB 1826, would have created the Illinois Religious Freedom Protection and Civil Unions Act.[9] Under the bill, the creation, benefits, and dissolution of civil unions would be essentially identical to marriage. The bill was not brought to a vote before the full House.[10] Bills to legalize civil unions were introduced in the Illinois General Assembly in 2007 and 2009 without being put to a vote.
In 2009, the Equal Marriage Act, SB 2468, was introduced by Senator Heather Steans a Democrat from Chicago. This was the first time a same-sex marriage bill was introduced in the Illinois Senate. It would amend the Illinois Marriage and Dissolution of Marriage Act to declare that "a marriage is between 2 persons" (rather than, "a man and a woman"). The bill died in committee.
On January 14, 2009, Rep. Harris reintroduced the Religious Freedom and Marriage Fairness Act in the Illinois House of Representatives, but it died in committee.[11]
On February 18, 2009, Rep. Harris reintroduced the bill,[12] which was reported out of committee, 4–3, along party lines, with Democrats in support and Republicans opposed. The bill advanced to third reading on March 19,[12] but died on the floor. However, through a parliamentary procedure,[13] Senate Bill 1716 was gutted and replaced with the contents of HB2234.[14] Though the legislative session was scheduled to end on May 31, and no votes had been taken on the amended SB 1716 prior to that time, the deadline for passage of SB 1716 was extended to November 30.[15]
On November 30, 2010, the House passed the bill by a 61–52 margin.[16][17] The Senate approved the bill on December 1 by a 32–24 margin, sending it to Governor Pat Quinn.[18] The Governor signed the Illinois Religious Freedom Protection and Civil Union Act into law on January 12, 2011.[19] The law became effective June 1, 2011.
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