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

Rep. Kelly Cassidy started analyzing questionable Illinois laws after the U.S. Supreme Court overturned Roe v. Wade in June. Democrats across the country are worried that the Republican-controlled Supreme Court could now overturn historic decisions on interracial and gay marriage.

Illinois is one of five states with legislation from the early 1900’s that prohibits people from getting married in the state if they intend to live somewhere else. The law also states that any marriage celebrated in Illinois in violation of the provision is null and void.

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

The provision in question states that officials issuing marriage licenses could require affidavits or legal options to find out whether a couple is prohibited from intermarrying by laws in another state.

A separate Illinois law says officials providing marriage licenses and wedding officiants could be found guilty of a Class C misdemeanor if they know a couple if prohibited from marrying.

Cassidy explained that her proposal repeals each of the concerning provisions of the state’s Marriage and Dissolution of Marriage Act. 

House Bill 1591 passed out of the House on a 80-23 vote and now heads to the Senate. 

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