Downstate Clerks Allowed To Defend Gay Marriage Ban

By Chuck Sudo in News on Jul 3, 2012 7:40PM

A couple files their civil union license with the county after their union formally declared by a judge. (Chuck Sudo/Chicagoist)

Two downstate county clerks have been granted permission to defend Illinois' ban on same-sex marriage against two lawsuits filed by the American Civil Liberties Union and Lambda Legal against the Cook County Clerk's office.

Tazewell County Clerk Christie Webb and Effingham County Clerk Kerry Hirtzel were granted permission after Illinois Attorney General Lisa Madigan and Cook County State's Attorney Anita Alvarez each filed motions saying they would not defend the ban because it violates the Illinois Constitution's due process and equal protection provisions.

Neither the ACLU nor Lambda Legal objected to the move because they were expecting something like this to happen. ACLU attorney John Knight said it's nice to have "an opposing point of view" in the courtroom, but believes the same-sex marriage ban will eventually be ruled unconstitutional. Peter Breen of the Thomas More Society, who filed the motion to have Hirtzel and Webb intervene in the lawsuits, said his side is preparing "a full and robust defense of the marriage law."

Breen also filed a motion to have the lawsuits dismissed and a Sept. 27 hearing was scheduled for that motion.