Abstract
This article analyzes the validity of beneficiary restriction clauses in wills aimed at restricting same-sex marriages of the will’s beneficiaries in Illinois. Courts have in the past found some limitations on marriage of beneficiaries to be acceptable and others not under a public policy analysis. Illinois courts, however, have not addressed whether such a clause which restricts its beneficiaries from marrying someone of the same sex is a valid clause under Illinois public policy.
This article addresses the existing scholarship relating to how such an issue could be addressed. After weighing each option, the article proposes a solution for Illinois courts to follow in determining whether such clauses should stand under Illinois public policy.
Recommended Citation
Julian Valdes,
From the “Jewish Clause” to the “Homosexual Clause”: An Analysis of Beneficiary Restriction Clauses Which Restrict Same-Sex Marriage in Illinois,
43
S. Ill. U. L.J.
771
(2019).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol43/iss3/7