Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter
Gay News Sponsor Windy City Times 2015-05-20
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor

  WINDY CITY TIMES

ACLU: What the marriage bill says and does in Illinois
by Kate Sosin, Windy City Times
2013-02-13

facebook twitter pin it del.icio.us stumble upon digg google +1 reddit email


It may not be long before LGBT couples in Illinois have access to marriage for the first time. For many couples, that will mean a whole new set of questions and issues.

Windy City Times has been gathering questions from readers over the past few weeks. We posed them to the experts at the American Civil Liberties Union, one of the main organizations in the fight for equal marriage in Illinois.

Here's what they said:

Will civil union couples automatically be entered into a marriage?

ACLU: Couples with civil unions will have two options. They may have a marriage ceremony to convert their civil union into a marriage. To do so, they will apply for a marriage license, have their marriage solemnized in a religious or civil ceremony and then register the marriage. (The law provides that the fee for the marriage license is to be waived in these circumstances.)

Alternatively, if a couple in a civil union would rather not go through a new ceremony, for one year following the date that the marriage law becomes effective, they can simply have their civil union designated as a marriage—again, at no fee—with the date of the marriage to be recorded as the date of the original civil union.

When would the law take effect?

ACLU: Thirty days after the bill is signed into effect by the Governor."

Will civil unions still exist if the marriage bill becomes law?

ACLU: Yes. The marriage bill does not change the civil union law. They will still be available for couples (same-sex and different-sex) who choose this option.

If a couple lives in Illinois but already entered into a civil union or domestic partnership together in another state, can they get married in Illinois?

ACLU: Yes. You can get married in Illinois even if you and your partner entered into a civil union or domestic partnership in another state.

Are there benefits to converting civil unions into marriages?

ACLU: The most important benefit for couples currently in a civil union will be to put an end to the second-class status given to same-sex couples by denying them marriage but offering them something separate and poorly understood. Designating same-sex couples as "not good enough" for marriage is bad enough, but it also invites discrimination against them. Also marriage will end the confusion—and regular lack of recognition—of civil unions in Illinois. Our clients in the lawsuit recount numerous times when someone has not understood what it means for a couple to be in a civil union under Illinois law. That confusion will be addressed and rectified by the ability of couples to marry and be recognized as married under Illinois law.

Can out-of-state couples get married in Illinois?

ACLU: Yes—the law allows out-of-state couples to marry in Illinois, although the state law where they reside will determine whether their marriages are legally recognized in that state. We hope that many couples from across the Midwest and elsewhere will come to Illinois to marry once Illinois approves the freedom to marry for gay and lesbian couples.

Will out of state same-sex marriages be recognized in Illinois?

ACLU: Yes. The law provides that marriages legally entered into in other states will be recognized in Illinois. If you are already married, your marriage will now be recognized as a marriage, rather than just as a civil union. Marriages of couples transferring to Illinois from New York or Massachusetts will be legally recognized as marriages in Illinois.

Could a referendum overturn marriage equality in Illinois?

ACLU: Only the legislature can initiate referenda in Illinois to amend the Constitution to deny same-sex couples the freedom to marry. Three such proposed amendments have been filed by Illinois legislators this session. However, similar amendments to write discrimination into the Illinois Constitution have been filed for many years without moving forward, and we are confident that none of these amendments will be successful in achieving the required three-fifths majority in each house.

What will happen to the Lambda Legal and American Civil Liberties Union marriage lawsuits if equal marriage becomes law?

ACLU: If the legislature extends the freedom to marry to all couples—including same-sex couples—in Illinois, our client couples would be eligible to marry. That is the best news of all. It also would mean that the law we are seeking to challenge already would be altered in the way we seek. We would expect the lawsuit would be dismissed as moot at that point.

Will an Illinois marriage be recognized by other states?

ACLU: A same-sex couple who marries in Illinois will be recognized as married in those states that recognize the marriages of same-sex couples, a list we expect to continue to grow. In addition, some private businesses or other third parties outside of Illinois may recognize an Illinois marriage for their own purposes.

Will the federal government recognize an Illinois marriage?

ACLU: No. At this point, the Defense of Marriage Act (DOMA) prohibits the federal government form recognizing marriages of same-sex couples in any state. The Supreme Court has agreed to hear Windsor v. United States (an ACLU case out of New York) challenging the constitutionality of DOMA. The case challenges DOMA's explicit discrimination against same-sex married couples by treating them as legal strangers for purposes of all federal statutes and programs. We should know the result of this challenge from the Supreme Court by the end of June, 2013.

Follow Windy City Times for the latest updates on the equal marriage fight in Illinois. The bill can viewed in full here: www.ilga.gov/legislation/BillStatus.asp.


facebook twitter pin it del.icio.us stumble upon digg google +1 reddit email




Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Ireland votes yes to marriage equaliy 2015-05-23
Study: Reactions of heterosexual siblings to same-sex marriage advances 2015-05-22
Hinshaw & Culbertson hosts marriage debrief event 2015-05-19
Relationships & the Law Today: Possible Supreme Court marriage outcomes 2015-05-13
VIEWS Getting married 2015-05-13
National roundup: Cleveland's pro-gay move; Hawaii's pro-trans law; trans teen's suicide 2015-05-12
MCC founding pastor presides at blessing of aame-gender couples in Cuba 2015-05-12
Griner, Johnson tie the knot 2015-05-10
Film about 1970s gay marriage screens May 16 with discussion 2015-05-06
World: Nepal outreach; U2 and Russia ban; Ecuadorean civil unions 2015-05-05
Gay Qantas CEO talks marriage, diversity 2015-05-05
Supreme Court deliberations continue in private 2015-05-04
Book details Iowa's marriage path prior to Supreme Court arguments 2015-04-29
Marriage-equality vigil in Crystal Lake 2015-04-29
Kirk takes part in rally outside Supreme Court hearing 2015-04-29
Marriage supporters gather in Chicago after Supreme Court hearings 2015-04-29
Celebrations: Mansfield-Weinstein married April 10 2015-04-29
Marriage equality: The timeline 2015-04-29
Financial pros discuss same-sex marriage 2015-04-28
MOMBIAN Parents moving marriage forward 2015-04-28
Supreme Court hears marriage arguments; the wait begins 2015-04-28
DeBoer, Rowse, Bonauto release statements on today's arguments in marriage cases 2015-04-28
Supreme Court hears arguments challenging same-sex marriage bans 2015-04-28
Reports tout married same-sex couples 2015-04-28
Oregon baker loses final round is bias case 2015-04-24
Study: Number of married same-sex couples triples; one in six in non-marriage states 2015-04-24
Preview: Supreme Court argument April 28 2015-04-20
Tax day shows inequality for legally married same-sex couples 2015-04-15
Report: Manilow married last year 2015-04-15
Study: Support for same-sex marriage rising in all 50 states 2015-04-14
Limited Partnership on Independent Lens, PBS, June 15 2015-04-13
Chicago LGBTs gear up for supreme court decision 2015-04-10
Married same-sex couples denied health care benefits by employers 2015-04-09
VIEWS In God we crust 2015-04-08
Sign company offers custom decor for LGBT weddings 2015-04-08
Planner pens same-sex wedding organizer 2015-04-08
Andrew Sullivan talks marriage, Indiana at Elmhurst lecture 2015-04-07
Gov. Rauner says 'no' to Indiana travel ban 2015-04-01
Campaign looks at Social Security benefits for same-sex couples 2015-03-31
Reports: Married same-sex couples more likely to adopt 2015-03-31
 



Copyright © 2015 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor
Sponsor
Sponsor
Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage



About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.