Cook County State's Attorney: Illinois' Gay Marriage Ban Unconstitutional

By Chuck Sudo in News on Jun 14, 2012 8:20PM

Photo Via Anita Alvarez's Facebook page.

Cook County State's Attorney Anita Alvarez announced today her office is filing a motion to declare Illinois' ban on gay marriage unconstitutional.

Alvarez's office agrees with portions of the separate lawsuits filed last week by the American Civil Liberties Union and Lambda Legal, which argue the ban on same-sex marriage violates the due process and equal protection provisions established in the Illinois Constitution's Bill of Rights.

A statement released by Alvarez's office read:

"We are in agreement with the plaintiffs that Illinois laws that prohibit same sex marriage are unconstitutional. We believe the plaintiffs are correct in their assertion that the Illinois Constitution upholds marriage equality for same sex couples just as it does for opposite sex couples."

This is another signal that gay and lesbian couple in the Land of Lincoln may soon be able to marry in Illinois. Days after the ACLU and Lambda Legal filed their lawsuits, Illinois Attorney General Lisa Madigan filed papers in Cook County Circuit Court indicating she would not defend the ban. Peter Breen of the Thomas More Society, a conservative organization that is opposed to same-sex marriage, said Madigan's stance "is really a statement of hostility by the attorney general against the traditional marriage position."

The lawsuits were filed by 25 same-sex couples who were denied marriage licenses by Cook County Clerk David Orr, who has been a longtime supporter of gay marriage. A statement from Orr's office released after the lawsuits were filed read:

"The time is long past due for the state of Illinois to allow county clerks to issue marriage license to couples who want to make their commitment. I hope these lawsuits are the last hurdle to achieving equal marriage rights for all."

Illinois began recognizing civil unions last year.