ILCS » Chapter 775 · Act 35
Illinois Compiled Statutes

775 ILCS 35/25 (2026)

Application of Act; home rule powers

✓ current as of May 2026
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(775 ILCS 35/25)
    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.
(Source: P.A. 90-806, eff. 12-2-98.)

    
Notes of Decisions
Cited in 4 cases, 2008–2014 · leading case: Our Savior Evangelical Lutheran Church v. Saville, 922 N.E.2d 1143 (Ill. App. Ct. 2009).
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Our Savior Evangelical Lutheran Church v. Saville, 922 N.E.2d 1143 (Ill. App. Ct. 2009). “In addition, section 25 (775 ILCS 35/25 (West 2006)) provides that “[granting government funding, benefits, or exemptions *** does not constitute a violation of this Act.”
Fam. Life Church v. City of Elgin, 561 F. Supp. 2d 978 (N.D. Ill. 2008). “23 There is, however, a question whether the Tort Immunity Act should bar a claim against a municipal corporation brought under the later-enacted Illinois Act, in light of this provision in the latter enactment (775 ILCS 35/25 (a)): This Act applies to all State and local…”
Am. Islamic Ctr. v. City of Des Plaines, 32 F. Supp. 3d 910 (N.D. Ill. 2014). · cites it 2× “2008), the court noted that a provision of the IRFRA could be read to trump the Tort Immunity Act: 775 ILCS 35/25(a) provides that the IRFRA “applies to all State and local (including home rule unit) laws, ordinances, policies, procedures, practices, and governmental actions and…”
Our Savior Evangelical Lutheran Church v. Saville (Ill. App. Ct. 2009). “In addition, section 25 (775 ILCS 35/25 (West 2006)) provides that "[g]ranting government funding, benefits, or exemptions *** does not constitute a violation of this Act.”
— 775 ILCS 35/25(a) — 1 case
Am. Islamic Ctr. v. City of Des Plaines, 32 F. Supp. 3d 910 (N.D. Ill. 2014). “2008), the court noted that a provision of the IRFRA could be read to trump the Tort Immunity Act: 775 ILCS 35/25(a) provides that the IRFRA “applies to all State and local (including home rule unit) laws, ordinances, policies, procedures, practices, and governmental actions and…”
— 775 ILCS 35/25(c) — 1 case
Am. Islamic Ctr. v. City of Des Plaines, 32 F. Supp. 3d 910 (N.D. Ill. 2014). “2008), the court noted that a provision of the IRFRA could be read to trump the Tort Immunity Act: 775 ILCS 35/25(a) provides that the IRFRA “applies to all State and local (including home rule unit) laws, ordinances, policies, procedures, practices, and governmental actions and…”
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