Judge Rules Lawsuit To Strike Down Illinois Same-Sex Marriage Ban Will Move Forward
Good news out of Illinois! The lawsuit brought by 25 same-sex couples to contest Illinois' same-sex marriage ban will move forward!
A Cook County Circuit Court judge has ruled that a lawsuit claiming the state's ban on same-sex marriage is unconstitutional can proceed on two of the five counts filed.
Judge Sophia Hall partially denied a defense motion to dismiss the lawsuit, saying the lawsuit can move forward on what the plaintiffs' attorneys call the two "primary counts."
Those counts claim that the state's same-sex marriage ban violates the due process rights of gay and lesbian couples and discriminates against them under the state's equal protection clause covering sexual orientation.
"It's a victory in Illinois," said Ed Yohnka of the American Civil Liberties Union of Illinois, one of the two groups that filed the lawsuit. "We needed this step to move on with the case."
The three counts Hall dismissed claimed that the state definition of marriage as being between a man and a woman violates: the right to privacy; the state’s equal protection clause on the basis of sex; and the special legislation clause of the Illinois Constitution, which says “the General Assembly shall pass no special or local law when a general law is or can be made applicable.”
Progress! Congrats to the plaintiffs. Let's hope we have more good news going forward!