Illinois Domestic Partner Benefits laws & HR compliance analysis

Illinois Domestic Partner Benefits: What you need to know

The Illinois Religious Freedom and Marriage Fairness Act legally recognizes marriage between two persons, regardless of gender (750 IL Comp. Stat. Sec. 5/201 et seq.).
Reciprocity. Except for a common-law marriage, any marriage legally entered into in another jurisdiction is recognized as a marriage under state law.
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Civil unions. Civil unions remain legal in Illinois. Any couple already in a civil union may apply for and receive a marriage license and have their marriage registered, provided the couple is otherwise eligible to marry under state law.
The U.S. Supreme Court subsequently issued a decision legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, 135 S.Ct. 2584 (2015)).
The Illinois Religious Freedom Protection and Civil Union Act gives couples in a civil union the same rights, benefits, and legal responsibilities as married couples (750 IL Comp. Stat. Sec. 75/1). A "civil union" under the act is defined as the legal relationship between two persons, of either the same or opposite sex.
Under the law, a civil union partner is included in any definition or use of the terms "spouse," "family," "immediate family," "dependent," "next of kin," and other terms that denote the spousal relationship, as those terms are used throughout state laws.
The Illinois Human Rights Act prohibits employers from discriminating against applicants or employees on the basis of sexual orientation or marital status (775 IL Comp. Stat. Sec. 5/1-101 et seq.). The law covers all public employers, all public contractors, and private employers with 15 or more employees.
Married employees.

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Illinois Domestic Partner Benefits Resources

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