As of June 1, 2014 marriage equality becomes the law of the land in Illinois, allowing LGBT couples to marry and have their marriages recognized in Illinois. This places same-sex marriages on equal footing with hetero marriages under Illinois law, but LGBT families should be aware that their relationship still may not be recognized outside the state of Illinois, or by the federal government.
Who can get married in Illinois now?
The new bill, passed on November 5th 2013, amends the Illinois Marriage and Dissolution of Marriage Act to recognize marriages between “2 persons” instead of “a man and a woman”. This means that any couple not otherwise barred from marriage can marry regardless of sex or gender, including gay, lesbian, bi-sexual and transgender partners.
Aren’t same-sex marriages already happening in Chicago?
Yes. The new bill was set to go into effect on June 1, but two federal lawsuits filed at the end of 2013 allowed the new law to go into effect early, in February 2014 – but only in Cook County. Several other counties in Illinois voluntarily started issuing marriage licenses to same-sex couples early as well. As of June 1, 2014 all counties in Illinois must permit and recognize gay marriage.
What if I was married in another state?
So long as that marriage was valid in the state where it occurred it will be recognized as a valid marriage in Illinois, even if it was entered into before June 1, 2014.
What if my partner and I are already joined by a civil union?
Your civil union is still good; the Illinois law on civil unions remains on the books and is not affected by the new law. Likewise, a valid civil union (or any “substantially similar legal relationship”, such as a domestic partnership) entered into in another state will continue to be recognized as a civil union (but not as a marriage) in Illinois.
If we’re in a civil union can we get married now?
Yes, under the new law you can get married under the same process as anyone else. Your $60 marriage license fee will be waived (presumably since you already paid a fee for the civil union), and you can use the date of your original civil union as the effective date of your marriage, if you want.
Or you have the option, through May 31, 2015, to convert your civil union into a marriage by simply completing the free marriage license, without the need for a ceremony. Get more information on the process here.
What is the difference between a civil union and a marriage?
There is almost no practical difference between a civil union and marriage under Illinois law now. The main difference lies in the extent to which your legal relationship will be recognized by the federal government and by other states.
The federal government now recognizes same-sex marriage, and has extended many benefits and services to anyone in a valid marriage, regardless of gender or sex. However most of these federal benefits have only been extended to couples who are married – not to civil union partners.
What federal rights and services are available to partners in a same-sex marriage?
The Supreme Court decision in The United States v. Windsor struck down The Defense of Marriage Act in June 2013, resulting in certain federal rights being extended to same-sex couples. However the execution and application of this ruling has been inconsistent depending on the federal agency responsible for the service or benefit at issue.
In February 2014 the Department of Justice expanded the application of federal rights for same-sex marriages to all programs enforced or administered by the Department of Justice.
Some of the more significant federal benefits to which all married couples residing in Illinois now have access include:
- Federal tax benefits, such as the right to file a joint tax return, or to claim estate and gift tax exemptions
- Social Security benefits, including the right to spousal retirement benefits and surviving spouse benefits
- Veteran and military benefits for spouses
- Recognition of your marriage for immigration purposes
- Filing a joint bankruptcy with your spouse
Will my Illinois marriage be recognized by other states?
The law is different in every state, and is changing on an ongoing basis as more states recognize LGBT marriages. You should be aware when traveling to a state that may not recognize your marriage, and take appropriate precautions. This can become an issue if, for example, your spouse or your child has a medical emergency in a state where you may not be legally recognized as their spouse or parent.