MARRIAGE-SOLEMNIZATION

104th Regular Session Introduced by Kelly Cassidy and 5 co-sponsors

Illinois allows self-solemnization of marriage (with Section 203 rules), updates forms by Jan 1, 2026, protects religious liberty, and presumes validity if requirements are met.

Referred to Assignments

Purpose

To amend Section 209 of the Illinois Marriage and Dissolution of Marriage Act to explicitly allow marriages to be solemnized either by an authorized officiant or by the two parties themselves acting without an officiant (self‑solemnization), and to require State and county materials be updated to reflect both options.

Key provisions

Adds explicit statutory authorization for self‑solemnization: "A marriage may be solemnized either by an officiant ... or by both parties to the marriage acting without an officiant," with the House amendment clarifying that self‑solemnization is allowed provided the parties have complied with the requirements in Section 203 of the Act.

Retains and lists existing methods of officiant solemnization (e.g., judges, retired judges subject to restrictions, Court of Claims judges, certain county clerks, mayors/presidents, officials with public powers, and religious prescriptions). Maintains limits on compensation for retired judges and municipal heads.

Administrative update requirement: by January 1, 2026, all State and county forms, websites, and other public communications (including the "Marriage Application and Record") must be updated to reflect and clarify both officiant and self‑solemnization options.

Religious‑freedom protections:

Subsection (a‑5): No religious denomination, tribe, or religious officiant is required to solemnize a marriage; refusal to solemnize is not a basis for civil, administrative, or criminal action.
Subsection (a‑10): Religious entities (churches, mosques, synagogues, fellowship halls, etc.) are not required to provide religious facilities for a marriage ceremony that violates their religious beliefs and are immune from claims arising from such refusals.

Safety/validity provisions:

(b) A marriage is not invalidated if the person solemnizing it was reasonably believed to be authorized, or if the ceremony occurred in a different Illinois county than where the license was issued and filed.
(c) Marriages meeting statutory requirements are presumed valid.

Who is affected

Couples seeking to marry in Illinois: creates an explicit legal option to self‑solemnize (subject to Section 203 requirements).

County clerks and State agencies: must update forms, websites, and communications by Jan 1, 2026.

Officiants, religious organizations, and public officials: continue to have existing roles and explicit protections for refusal on religious‑grounds.

Courts/administrators: may see administrative or record‑keeping changes related to self‑solemnized certificates.

Legislative status & timeline

Filed by Rep. Tracy Katz Muhl (first reading 2/6/2025; read 2/19/2025).

House Judiciary — Civil Committee: amendment adopted (3/20/2025); do‑pass as amended.

Passed House (3rd reading, short debate) 76–38–0 (4/10/2025).

Chief Senate sponsor: Sen. Mary Edly‑Allen.

Arrived in Senate 4/14/2025; referred to Assignments (current status).

Administrative deadline in bill: Jan 1, 2026, for updating public materials.

Potential impacts / considerations

Expands access and autonomy for couples by codifying self‑solemnization; may reduce cost/barriers for some marriages.

Administrative workload for clerks/agencies to update materials by the specified deadline.

Reinforces religious‑liberty protections to prevent compelled participation or facility use by religious bodies.

Implementation and interpretation may depend on Section 203 requirements (license/eligibility provisions) and on how county clerks process self‑solemnized certificates.

Bill