Bill to repeal archaic marriage bans leaves house in Illinois | Community

SPRINGFIELD, Ill. (WAND) — Illinois Democratic lawmakers want to ensure marriage equality never taken away.

Representative Kelly Cassidy launched an analysis of Illinois’ questionable laws after the U.S. Supreme Court overturned Roe v. Wade in June. Democrats across the country are concerned that the Republican-controlled Supreme Court could overturn historic rulings on interracial and gay marriage.

Illinois is one of five states with legislation dating back to the early 1900s that prohibits people from marrying in the state if they intend to live elsewhere. The law also states that any marriage solemnized in Illinois in violation of the provision is void.

“The primary motivation behind these statutes was to prohibit interracial marriage, which Illinois and most other states did not expressly prohibit,” Cassidy said. “And section 218 expressly and singularly uses the term mixed marriages.”

The provision in question states that officials issuing marriage licenses can require affidavits or legal options to find out whether a couple is barred from marrying by the laws of another state.

A separate Illinois law states that marriage license officers and wedding officiants can be charged with a Class C misdemeanor if they know a couple who is prohibited from marrying.

Cassidy explained that her proposal would repeal every relevant provision of the state’s Marriage and Divorce Act.

House Bill 1591 passed 80-23 and now goes to the Senate.

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