Recognition of Same-sex Unions in Illinois - Lawsuits

Lawsuits

On May 30, 2012, both Lambda Legal and the American Civil Liberties Union announced lawsuits in state court, Darby v. Orr and Lazaro v. Orr, challenging the refusal of the Cook County Clerk's office headed by David Orr to issue marriage licenses to same-sex couples. Both contend that the Illinois Marriage and Dissolution of Marriage Act violates the Illinois Constitution's guarantees of equal protection and due process. Illinois Attorney General Lisa Madigan announced the next day that her office will support those lawsuits, and Orr favors same-sex marriage. The Cook County State's Attorney Anita Alvarez has also conceded that the state's ban on same-sex marriages is unconstitutional. On July 3, the Circuit Court of Cook County, Chancery Division, approved the request of two County Clerks from other parts of the state, represented by the Thomas More Society, a conservative legal group, to intervene to defend the Act. On November 30, it denied requests by the Church of Christian Liberty, Grace Gospel Fellowship, and the Illinois Family Institute, opponents of same-sex marriage, to be allowed to intervene to defend the law.

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