Why Look To Legislators To
Pass Laws?
Let The Judges Do It Instead!
Let The Judges Do It Instead!
* * *
http://www.chicagobusiness.com/article/20130927/NEWS02/130929790/judge-rules-same-sex-marriage-lawsuit-can-proceed
Judge rules same-sex marriage lawsuit can proceed
S
(AP) — A lawsuit filed by 25 same-sex couples that seeks to
legalize gay
marriage in Illinois can move forward in the
courts, a Cook County judge ruled Friday.
Circuit Judge Sophia Hall threw out a motion to dismiss the
lawsuit, so the couples will be allowed to argue that state law
regarding marriage discriminates based on sexual orientation.
It was a victory for couples like Patrick Bova and Jim Darby
of Chicago, who have been together for decades. Bova said they
could get married elsewhere, "but we want to get married in
Illinois, our home state."
Last month, attorneys for both sides presented arguments.
The couples — represented by lawyers from Lambda Legal and the
American Civil Liberties Union of Illinois — said that Illinois'
same-sex marriage ban, approved in 1996, violates the Illinois
Constitution's due process and equality clauses.
An attorney representing downstate Illinois county clerks
defending the same-sex marriage ban said gay couples in Illinois
have many of the same rights as heterosexual ones, partly
because Illinois allowed civil unions in 2011. The state's ban
defines marriage as between a man and a woman.
"The day when the court addresses the merits of this case is
going to be a very bad day for the defendants," Lambda Legal
attorney Camilla Taylor said.
Attorney Paul Linton, who represents the clerks, said he's
confident his clients will prevail when the full case is heard.
A separate fight to legalize same-sex marriage has been
ongoing in the state Legislature.
The lawsuit on behalf of the couples was filed last year.
But Cook County State's Attorney Anita Alvarez refused to defend
the ban, saying she also thought it violated the Illinois
Constitution's equal protection clause. Illinois Attorney
General Lisa Madigan also argued against the ban. Though she
wasn't named in the lawsuit, she was able to weigh in because
the lawsuit deals with constitutionality of state laws.
That left five clerks to defend the ban.
Illinois legalized civil unions in 2011, but efforts to
legalize gay marriage have stalled. Lawmakers adjourned for the
summer without taking a vote on a same-sex marriage bill. The
sponsor said he didn't have the votes. Lawmakers expect to bring
the issue back next month when lawmakers gather in Springfield.
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