Amid emotional debate, House OKs civil unions

By CHRIS WETTERICH
THE STATE JOURNAL-REGISTER


After an emotional and tear-filled debate, the Illinois House Tuesday approved landmark legislation that would require the state to recognize same-sex unions, giving couples in civil unions most of the legal rights granted to married people of opposite genders.

Under the bill, couples in civil unions would have the right to visit their life partners in the hospital or make medical decisions if one is incapacitated.

The bill passed with a 61-52 margin. Sixty votes were required for passage.

The term “marriage” would continue to be reserved for unions of men and women, although unmarried opposite-sex couples also could obtain civil-union status.

Religious organizations would not be required to recognize or bless a civil union. Civil unions are not recognized under federal law.

Gov. Pat Quinn – who campaigned on the issue, lobbied members and was on the floor of the House for much of Tuesday’s debate – lauded the House’s action. Quinn said he would sign the bill if it passes the Senate, where a vote is expected today.

“My religious faith animates me to support this bill,” Quinn, a Catholic, told reporters after the vote. “I think, as a matter of conscience, this was the right vote.”

‘Slippery slope’

Opponents of the measure included Chicago Cardinal Francis George, the Catholic Conference of Illinois and the Illinois Family Institute. Opponents said legalization of civil unions will lead eventually to approval of full-fledged gay marriage.

“I think this is a step down a slippery slope. Call me an old-fashioned traditionalist,” said Rep. Ron Stephens, R-Greenville, who said the fall of societies such as ancient Greece and Rome could be tied to homosexuality.

“One of the commonalities is open homosexuality becomes accepted in the higher society,” Stephens said. “Here we are at that precipice again.”

Two openly gay House members -- Rep. Greg Harris, D-Chicago, and Rep. Deb Mell, D-Chicago -- pleaded with their colleagues to pass the legislation.

Some opponents argued that instead of passing civil unions, same-sex couples should obtain powers of attorney and reach other legal agreements with their partners. Harris, the bill's sponsor, said hiring a lawyer could be costly and same-sex partners would have to come up with documentation for every conceivable situation.

Harris told the story of the late Rep. Larry McKeon, who was also openly gay. McKeon sought to be at his life partner's bedside when he died, but forgot to bring a signed legal agreement giving him that right.

“The hospital turned Larry away. They said he did not have the proper documentation with him. They did not consider him next of kin,” Harris said. “He returned to the hospital and missed the passing of his life partner by mere minutes.”

‘We are a family’

Mell, whose partner, Christin Baker, was on the House floor with her, said, “I love my state. I'm proud to live here. But my state does not treat me equally.

“It will take my money. It will take my taxes. It will let me make laws. But God forbid something happen to Christin.

“I’m not able to speak to her wishes. The doctor has to go to her family, and I’m not considered family. I assure you we are a family, and we deserve the same rights you enjoy.”

Rep. David Reis, R-Willow Hill, said other states that have passed civil unions saw supporters go to court and sue for full marriage rights under the U.S. Constitution's equal protection clause.

“Are you ready for gay marriage? Because that's what could come out of this,” Reis said. “I don't think we’re ready for this. I don't think the people of Illinois want this.”

While many Republicans voted against civil unions, Rep. Bill Black, R-Danville, and Rep. Mark Beaubien, R-Barrington Hills, spoke and voted in favor of the bill. It was one of the last votes Black will cast in the General Assembly because he is retiring after this session.

Age differences

Black talked about how Illinois’ late U.S. senator, Everett McKinley Dirksen, who, as Republican leader in the Senate, got his party to sign onto civil rights legislation.

“I’m in my seventh decade of life,” Black said. “People my age have difficulty with this. Younger people do not.

“Everett McKinley Dirksen was a leader and a statesman. He realized civil rights was an issue that was past due. ... He never voted for a piece of civil rights legislation. He said, ‘There is a time that I'd rather be right than consistent.’ I intend to vote aye."

“My only statement is there comes a time,” Beaubien said. “Now is the time.”

Religious leaders were not united against the bill. Equality Illinois, a supporter of the bill, released a list of 300 clergy members who support civil unions. One, the Rev. Martin Woulfe of the 300-member Abraham Lincoln Unitarian Universalist Congregation in Springfield, said civil unions are a civil rights issue.

“I believe that every couple, every adult couple, has a fundamental right to have a relationship which is blessed by a religious community that will accept them but also is entitled to basic human rights and civil rights in our society,” he said.

Chris Wetterich can be reached at 788-1523.

Senate Bill 1716 -- what it does

Same-sex or opposite-sex couples can enter into legally recognized civil unions. Among the rights to which those in a civil union would be entitled:

-- Make medical decisions if their partner is incapacitated

-- Make burial or cremation decisions

-- Allow hospital visitation

-- Inherit property

The civil union process

Those who want to enter into a civil union would fill out a form with a county clerk and pay a fee (the fee isn’t specified in the bill). The county clerk would issue a license and a certificate declaring the civil union is not prohibited by law.

The civil union then could be certified by a judge, retired judge, public official whose powers include solemnization of marriages or “in accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group.”

Once a civil union is certified, the county clerk would give a copy of the certificate and the date and location of the civil union to the Department of Public Health.

States that allow civil unions

California, Nevada, New Jersey, Oregon, Washington

What's next

A spokeswoman for Senate President John Cullerton, D-Chicago, said the bill will be called for a vote in the Senate Wednesday.

What the bill says

“A party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses, whether they derive from statute, administrative rule, policy, common law, or any other source of civil or criminal law.”

Link to read Bill
http://ilga.gov/legislation/fulltext.asp?DocName=09600SB1716ham001&GA=96&SessionId=76&DocTypeId=SB&LegID=44423&DocNum=1716&GAID=10&Session=



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