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FACTS
ABOUT HOUSE BILL 1826 / THE ILLINOIS RELIGIOUS FREEDOM
PROTECTION AND CIVIL UNION ACT
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.
What protections and responsibilities are offered?
Emergency medical decision making
For people in a committed relationship, nothing
is more important than being able to make critical health care decisions
when a partner is unable to do so. Nothing demonstrates this need
more than the experience of Larry M. of Springfield. Emergency room
staff would not allow Larry to make critical care decisions for
his unconscious life partner when the hospital could not locate
paperwork. This forced Larry to leave his partner’s bedside
to go home to look for documents. While he searched for copies,
his partner passed away.
The right to make funeral arrangements and control disposition
of remains
Lynn S. of Champaign struggled to care for
her partner Linda as she battled a fatal liver disease. When Linda
died, Lynn was denied the right to make arrangements for Linda’s
cremation, despite their long, committed relationship.
The right to share a nursing home or hospital room and hospital
visitation rights
Randy W. of Springfield served his country
in the U.S. Army. Sadly, Randy’s life partner Curt was admitted
to a Springfield hospital with an illness that would take his life.
Randy was denied the ability to spend the night in the hospital
alongside Curt -- a privilege most people take for granted -- and
was not notified by the hospital when Curt’s condition took
a turn for the worse. As a result, Randy nearly missed saying goodbye
to his life partner as Curt took his final breaths.
State spousal benefits
Many widows lose their pensions – which they need to maintain
quality of life - if they remarry. Civil unions would give opposite-sex
and same-sex couples, including seniors, the benefits and legal
recognition they deserve without forcing anyone to lose pension
benefits. In addition to spousal pension coverage, House Bill 1826
would also help Illinois residents in committed relationships receive
workers’ compensation and the privilege of sharing a nursing
home room.
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.
Clear procedures and laws for committed couples
These include the rights to annulment and invalidity, separation
and dissolution, maintenance, and disposition of property. Couples
in civil unions would also be able to bring civil action dependent
on spousal status, including wrongful death actions and emotional
distress claims.
Domestic violence protections
Tax relief for partners at the state and local level
How would one get in and out of a civil union?
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.
How would civil unions in Illinois impact the laws of other
states and the federal government?
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.
How would Illinois’ faith community be impacted?
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.”
Download the Fact Sheet
Talking
Points
TALKING POINTS IN SUPPORT OF THE ILLINOIS RELIGIOUS FREEDOM
PROTECTION AND CIVIL UNION ACT – HOUSE BILL 1826
Our Message:
The Illinois Religious Freedom Protection and Civil Union Act offers
basic fairness and protections for all families in the State of
Illinois. It would protect opposite-sex, same-sex and senior couples,
and shield all religious denominations from being compelled to recognize
any relationship that is outside their faith tradition.
Key Talking Points:
- Gay and lesbian Illinois residents keep our communities safe
as firefighters and police officers, staff our hospitals, build
our cities, and pay taxes. Unfortunately, these individuals and
their families are denied hundreds of protections and responsibilities
offered by the state of Illinois. We should extend these basic
legal protections to all persons in Illinois.
- The legislation allows committed opposite-sex, same-sex and
senior couples, many of whom have been in a committed relationship
for decades, to participate in medical decision making, to control
the disposition of a deceased partner’s remains, to visit
a loved one in the hospital and to share a nursing home room.
It is a simple matter of fairness to provide basic protections
like these to all committed couples in our state. Real people
are being denied these protections right now in Illinois.
- The widows of Illinois residents often lose their pensions
– which they need to maintain quality of life - if they
remarry. Civil unions could give opposite-sex, same-sex and senior
couples the benefits and legal recognition they deserve without
forcing people to lose needed pension benefits.
- The legislation will have minimal fiscal impact to the State
of Illinois’ budget. It provides fairness and protection
to opposite-sex, same-sex and senior couples without burdening
taxpayers.
- Same-sex families with children need legal protections now.
Currently, when a parent in a same- sex relationship dies, the
surviving partner and their children are not guaranteed pensions
and other survivor benefits. This uncertainty is not good for
children; it undermines their financial health and well being.
- The legislation protects religious institutions – specifically
saying that no religious denomination can ever be forced to solemnize
any relationship to which it objects.
- Since the time of Abraham Lincoln, Illinois’ has demonstrated
an historic commitment to increasing fair and equal treatment
for all citizens. This legislation advances that tradition.
Download the Talking
Points
How can
I help?
Click here to send a
message to your state legislators in support of fairness and equality
for all committed Illinois couples.
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