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Illinois

December 3, 2010

Senate Bill 1716: Religious Freedom and Marriage Fairness Act

Senate Sponsors:
Senators David Koehler, Don Harmon, Kwame Raoul, Kimberly A. Lightford, Heather Steans, Iris Y. Martinez and Emil Jones III

House Sponsors:
Reps. Greg Harris, Barbara Flynn Currie, John A. Fritchey, Deborah Mell, Constance A. Howard, Sara Feigenholtz, Naomi D. Jakobsson and Harry Osterman

Summary:
Creates the Illinois Religious Freedom Protection and Civil Union Act. Defines “civil union” as a legal relationship between two persons, of either the same or opposite sex, established in accordance with the Act. Provides that a party to a civil union shall be entitled to the same legal obligations, responsibilities, protections, and benefits afforded or recognized by the law of Illinois to spouses. Identical bill filed in the House: IL H.B. 2234.

Status:

2/19/2009(Senate) Filed with Secretary by Sen. Don Harmon
2/19/2009(Senate) First Reading
2/19/2009(Senate) Referred to Assignments
3/4/2009(Senate) Assigned to Judiciary
3/11/2009(Senate) Do Pass Judiciary; Yes 11, No 0
3/11/2009(Senate) Placed on Calendar Order of second reading March 12, 2009
3/24/2009(Senate) Second Reading
3/24/2009(Senate) Placed on Calendar Order of third reading March 25, 2009
3/27/2009(Senate) Senate Floor Amendment No. 1 filed with Secretary by Sen. Don Harmon
3/27/2009(Senate) Senate Floor Amendment No. 1 referred to Assignments
4/1/2009(Senate) Added as Chief Co-Sponsor Sen. Kwame Raoul
4/3/2009(Senate) Rule 2-10 Third reading deadline established as April 30, 2009
4/15/2009(Senate) Senate Floor Amendment No. 1 Assignments refers to Judiciary
4/22/2009(Senate) Senate Floor Amendment No. 1 recommend do adopt Judiciary; Yes 10, No 0
4/23/2009(Senate) Recalled to Second Reading
4/23/2009(Senate) Senate Floor Amendment No. 1 Adopted; Harmon
4/23/2009(Senate) Placed on Calendar Order of third reading
4/23/2009(Senate) Third Reading—Passed; Yes 53, No 0
4/23/2009(House) Arrived in House
4/23/2009(House) Placed on Calendar Order of First Reading
4/23/2009(House) Chief House Sponsor Rep. John A. Fritchey
4/23/2009(House) First reading
4/23/2009(House) Referred to Rules Committee
4/28/2009(House) Assigned to Executive Committee
5/8/2009(House) Rule 19(a) / Re-referred to Rules Committee
5/19/2009(House) Alternate Chief Sponsor Changed to Rep. Greg Harris
5/19/2009(House) Added Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
5/19/2009(House) Added Alternate Chief Co-Sponsor Rep. John A. Fritchey
5/19/2009(House) Added Alternate Chief Co-Sponsor Rep. Deborah Mell
5/19/2009(House) Added Alternate Chief Co-Sponsor Rep. Constance A. Howard
5/19/2009(Senate) Chief Sponsor Changed to Sen. David Koehler
5/19/2009(Senate) Added as Chief Co-Sponsor Sen. Don Harmon
5/19/2009(House) Final Action Deadline Extended-9(b) May 22, 2009
5/19/2009(House) Assigned to Youth and Family Committee
5/19/2009(Senate) Added as Chief Co-Sponsor Sen. Kimberly A. Lightford
5/19/2009(Senate) Added as Chief Co-Sponsor Sen. Heather Steans
5/19/2009(Senate) Added as Co-Sponsor Sen. Iris Y. Martinez
5/19/2009(Senate) Added as Co-Sponsor Sen. Emil Jones, III
5/22/2009(House) Final Action Deadline Extended-9(b) May 29, 2009
5/26/2009(House) House Committee Amendment No. 1 Filed with Clerk by Youth and Family Committee
5/26/2009(House) House Committee Amendment No. 1 Adopted in Youth and Family Committee; by Voice Vote
5/26/2009(House) Do Pass as Amended / Short Debate Youth and Family Committee; Yes 4, No 2
5/26/2009(House) Placed on Calendar second reading—short debate
5/26/2009(House) Second reading—short debate
5/27/2009(House) House Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. David Reis
5/27/2009(House) House Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. David Reis
5/27/2009(House) House Committee Amendment No. 1 Home Rule Note Requested as Amended by Rep. David Reis
5/27/2009(House) House Committee Amendment No. 1 Judicial Note Requested as Amended by Rep. David Reis
5/27/2009(House) House Committee Amendment No. 1 Pension Note Requested as Amended by Rep. David Reis
5/27/2009(House) House Committee Amendment No. 1 Pension Note Filed as Amended
5/28/2009(House) Added Alternate Co-Sponsor Rep. Sara Feigenholtz
5/28/2009(House) House Committee Amendment No. 1 Fiscal Note Filed as Amended
5/28/2009(House) House Committee Amendment No. 1 Judicial Note Filed as Amended
5/28/2009(House) Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson
5/28/2009(House) House Committee Amendment No. 1 Home Rule Note Filed as Amended
5/28/2009(House) Added Alternate Co-Sponsor Rep. Harry Osterman
5/29/2009(House) House Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
5/29/2009(House) Second reading—short debate
5/29/2009(House) Held on Calendar Order of second reading—short debate
5/29/2009(House) Placed on Calendar Order of thhird reading—short debate
5/29/2009(House) Final Action Deadline Extended-9(b) May 31, 2009
5/31/2009(House) Final Action Deadline Extended-9(b) November 30, 2009
11/30/2010(House) Third Reading—Short Debate—Passed
11/30/2010(House) Motion Filed to Reconsider Vote Rep. John A. Fritchey
11/30/2010(House) Motion to Reconsider Vote—Tabled; Rep. Barbara Flynn Currie
12/1/2010(Senate) Senate Concurs
12/1/2010(Senate) Motion Filed to Reconsider Vote
12/1/2010(Senate) Senate Concurs
12/1/2010(Senate) Passed Both Houses
1/29/2011Signed by Governor, effective June 1, 2011

HSLDA’s Position:
HSLDA opposes this bill.

Action Requested:
None at this time.

Background:
Parental rights are a recognized constitutional right despite the fact that they are not explicitly stated in the Constitution. It is a fair question to ask: if they are implied rights rather than explicit rights, what is the source of parental rights?

Here is what the Supreme Court said in 2000 in the case of Troxel v. Granville:

“Our jurisprudence historically has reflected Western civilization concepts of the family as a unit with broad parental authority over minor children. Our cases have consistently followed that course.”

Thus, you can see that parental rights are based on “western civilization concepts of the family.”

When those concepts are no longer the legal definition of the family in this nation, then the foundation upon which parental rights are based is completely removed.

In a world which widely embraces the notions of the UN Convention on the Rights of the Child, it is fanciful to believe that any other theory will arise to replace the traditions of western civilization as a basis for parental rights.

Therefore, HSLDA will continue to fight against same-sex marriage. Same-sex marriage attacks the traditions of the family in western civilization. This is an attack on parental rights. This is a battle the homeschooling movement cannot afford to lose.

 Other Resources

E-lert—December 1, 2010—Illinois: Marriage in the Balance; Calls Needed Immediately

Bill Text

Bill History