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Title 92: Transportation

Part 1030 Issuance Of Licenses

Chapter II: Secretary Of State

Section 1030.63 Religious Exemption for Social Security Numbers

a) Members of religious groups whose faith will not permit them to obtain social security numbers may request the social security number be omitted on their driver's license application.

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Denial Hearings

(625 ILCS 5/2‑118) (from Ch. 95 1/2, par. 2‑118)

Sec. 2-118. Hearings.

(a) Upon the suspension, revocation or denial of the issuance of a license, permit, registration or certificate of title under this Code of any person the Secretary of State shall immediately notify such person in writing and upon his written request shall, within 20 days after receipt thereof, set a date for a hearing to commence within 90 calendar days from the date of the written request for all requests related to a suspension, revocation, or the denial of the issuance of a license, permit, registration, or certificate of title occurring after July 1, 2002, in the County of Sangamon, the County of Jefferson, or the County of Cook, as such person may specify, unless both parties agree that such hearing may be held in some other county. The Secretary may require the payment of a fee of not more than $50 for the filing of any petition, motion, or request for hearing conducted pursuant to this Section. These fees must be deposited into the Secretary of State DUI Administration Fund, a special fund created in the State treasury, and, subject to appropriation and as directed by the Secretary of State, shall be used for operation of the Department of Administrative Hearings of the Office of the Secretary of State and for no other purpose. The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees.

Illinois Religious Freedom Restoration Act (IRFRA)

Illinois Compiled Statutes
Human Rights - 775 ILCS 35

Sec. 5. Definitions.

In this Act:

"Demonstrates" means meets the burdens of going forward with the evidence and of persuasion.

"Exercise of religion" means an act or refusal to act that is substantially motivated by religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.

"Government" includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the State of Illinois or a political subdivision of the State, including a home rule unit.

Sec. 10. Findings and purposes.

(Omitted for brevity)

Sec. 15. Free exercise of religion protected.

Government may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless it demonstrates that application of the burden to the person (i) is in furtherance of a compelling governmental interest and (ii) is the least restrictive means of furthering that compelling governmental interest.

Sec. 20. Judicial relief.

(Omitted for brevity)

Sec. 25. Application of Act; home rule powers.

(a) This Act applies to all State and local (including home rule unit) laws, ordinances, policies, procedures, practices, and governmental actions and their implementation, whether statutory or otherwise and whether adopted before or after the effective date of this Act.

(b) Nothing in this Act shall be construed to authorize a government to burden any religious belief.

(c) Nothing in this Act shall be construed to affect, interpret, or in any way address any of the following: (i) that portion of the First Amendment of the United States Constitution prohibiting laws respecting the establishment of religion, (ii) the second sentence of Article I, Section 3 of the Illinois Constitution, or (iii) Article X, Section 3 of the Illinois Constitution. Granting government funding, benefits, or exemptions, to the extent permissible under the 3 constitutional provisions described in items (i), (ii), and (iii) of this subsection, does not constitute a violation of this Act. In this subsection, "granting", used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

(d) The corporate authorities of a municipality or other unit of local government may enact ordinances, standards, rules, or regulations that protect the free exercise of religion in a manner or to an extent equal to or greater than the protection provided in this Act. If an ordinance, standard, rule, or regulation enacted under the authority of this Section or under the authority of a unit of local government's home rule powers prohibits, restricts, narrows, or burdens a person's exercise of religion or permits the prohibition, restriction, narrowing, or burdening of a person's exercise of religion, that ordinance, standard, rule, or regulation is void and unenforceable as to that person if it (i) is not in furtherance of a compelling governmental interest and (ii) is not the least restrictive means of furthering that governmental interest. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

 Illinois Congress in Session.

RFRA Fails State Test

The State of Illinois passed the Illinois Religious Freedom Restoration Act after the Supreme Court had determined that the Religious Freedom Restoration Act (RFRA) lacked jurisdiction over the States.

Vehicle Code Fails IRFRA Test

The Illinois Vehicle Code and Administrative Code are in conflict with the Illinois Religious Freedom Restoration Act.

The State violates the Act in several ways:

  • The Act clearly defines that an individual's refusal to act is an "exercise of religion" whether it is mandated by, or common to, any religious group. The State requires religious leader attestation that the applicant's beliefs are held by the entire religious group.
  • The State has refused to issue driver's licenses to applicants because other members of his/her denomination have used an SSN for identification, in violation of the Act's exclusionary definition of "Exercise of religion". Thereby the applicant is judged by the conscience of others, in conflict with law.
  • The State places a burden upon the license applicant through a rule of general applicability that does not demonstrate to the applicant a compelling lawful reason for refusing issuance of a substitute number for internal use.
  • The State's requirement for SSN identification is not "the least restrictive means of furthering ... compelling government interest".
  • The statute, rules, and procedures do not demonstrate the furtherance of any "compelling governmental interest."
  • The applicant is denied due process. The State sanctions the applicant as a convicted lawbreaker, without proof of guilt, indictment, or probable cause. Only those citizens, which have a judgment of parental misconduct, are required to submit an SSN for State scrutiny. There is no law that requires a citizen to submit to judgment and punishment for a crime that he/she did not commit.
  • The State does not provide reasonable means to accommodate the applicant's exercise of religion. There are less restrictive means available to determine whether an applicant has been judged for a parental crime.

 

Illinois Constitution

ilThe Illinois Driver's Licensing Law deprives life, liberty or property without due process of law. It denies certain citizens the equal protection of the laws, free exercise and enjoyment of religious profession and worship. The subsequent Administrative Rules are disciminatory and place unecessary burdens upon certain applicants.

Constitution of the State of Illinois 
Article I - Bill Of Rights

Section 2.  Due Process and Equal Protection

No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.

Section 3.  Religious Freedom

The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship.

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