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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.

 

Press Coverage

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04/01/2008

 

 

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