Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter
Gay News Sponsor Windy City Times 2015-07-01
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


  WINDY CITY TIMES

Judge allows Illinois marriage case to move forward
by Matt Simonette
2013-09-27

facebook twitter pin it del.icio.us stumble upon digg google +1 reddit email


A judge ruled Sept. 27 that a lawsuit filed on behalf of several Cook County same-sex couples wishing to marry can proceed.

Ruling on a motion to dismiss Darby v. Orr and Lazaro v. Orr, Judge Sophia Hall, who is a lesbian, dismissed three of the five claims, but allowed two—claims to violation of equal protection as well as due process—to stay. The court will reconvene Oct. 8.

The lawsuits were filed against Cook County Clerk David Orr in mid-2012. The plaintiffs in the case are being represented by Lambda Legal and ACLU Illinois. Orr, who is in favor of marriage equality, has refused to defend the state's marriage ban, so the Thomas More Society, a conservative law firm, is representing five opposing county clerks in the matter.

Marriage equality advocates were confident from the ruling.

Camilla Taylor, marriage project director for Lambda Legal Midwest, said, "This is a fantastic day for the plaintiffs in the lawsuits, and for lesbian and gay couples, and their children around this state. The court has allowed this lawsuit to go forward."

Taylor added that the remaining claims were the most fundamental to the suit. "That is the most important thing—getting to the merits of the unconstitutionality of the marriage ban."

Ed Yohnka of ACLU Illinois said that the core of the lawsuit remained. "We look at this as a great victory. You have to get over this step to get to presenting the evidence and we think we have great evidence. The equal protection claim was at the core of what was decided in Windsor, so the fact that that was a claim that prevailed really gives us a great basis to move forward."

John Knight, director of the LGBT Project at the ACLU of Illinois, added in a statement, "This ruling is a big step forward in putting an end to government-sanctioned discrimination against same-sex couples and their families in Illinois, but we must continue to push forward until loving lesbian and gay couples have the freedom to marry here in Illinois."

Hall dismissed claims based on violations of privacy and sex, as well as special legislation.

PRESS RELEASE from ACLU and Lambda Legal below:

Chicago — In another victory on the road to the freedom to marry for thousands of gay and lesbian couples and their families, Circuit Court of Cook County, Chancery Division Sept. 27 denied a motion to dismiss the two landmark cases seeking the freedom to marry for same-sex couples in Illinois, allowing plaintiffs' claims for violation of the fundamental right to marry, and for discrimination based on sexual orientation to go forward.

Although the court dismissed the sex discrimination and other claims specific to the Illinois constitution, the plaintiffs can obtain everything they seek — a declaration that the marriage ban is unconstitutional and an order requiring the state to issue marriage licenses to same-sex couples — through the claims that remain. Lambda Legal and the American Civil Liberties Union of Illinois filed the cases in May of 2012.

The decision today comes in response to a motion brought by interveners representing a number of downstate clerks defending the Illinois ban on marriage for gay and lesbian couples. These clerks intervened after Cook County Clerk David Orr and Attorney General Lisa Madigan refused to defend the statute. The downstate clerks had asked the court to dismiss the cases without any further exploration of the constitutional questions raised by the 25 plaintiff couples represented in the lawsuit. The court rejected that argument.

"We are pleased that the court saw that our couples have a right to their day in court on the merits of their claims for liberty and equality. Illinois' marriage ban not only brands these couples and their children as inferior under state law, but now that the federal law known as "DOMA" has been struck down by the Supreme Court, Illinois is the only thing standing between these families and full federal respect for their relationships," said Camilla Taylor, Marriage Project Director for Lambda Legal. "Loving same-sex couples in Illinois can't wait any longer for the freedom to marry. We're excited to get to the next step and make the case for equality."

"This ruling is a big step forward in putting an end to government-sanctioned discrimination against same-sex couples and their families in Illinois, but we must continue to push forward until loving lesbian and gay couples have the freedom to marry here in Illinois," said John Knight, Director of the LGBT Project at the ACLU of Illinois. "Same-sex couples and their children have been waiting far too long in Illinois for the freedom to marry, watching as state after state has recognized that lesbians and gay men should have the freedom to marry while Illinois continues to deny them the respect associated with marriage, as well as the full access to the federal protections and responsibilities."

Read more about Darby v. Orr here: www.lambdalegal.org/in-court/cases/darby-v-orr and Lazaro v. Orr here: www.aclu-il.org/lazaro-and-matos-v-orr22/ .

Camilla Taylor, National Marriage Project Director and Christopher Clark, Senior Staff Attorney in Lambda Legal's Midwest Regional Office are handling the case Darby v. Orr for Lambda Legal. John Knight, Harvey Grossman and Karen Sheley are handling the case Lazaro v. Orr for the ACLU of Illinois. They are joined by Emily Nicklin, Jordan M. Heinz, Amy Crawford and Kate Guilfoyle of Kirkland & Ellis LLP in Chicago.

From Equality Illinois:

CHICAGO — Equality Illinois agrees with Judge Sophia Hall, who ruled today that the Illinois court case challenging the state ban on same-sex marriages should continue, and believes the ruling creates greater urgency for the Illinois House to act on the freedom to marry when it returns to Springfield next month.

"Today's decision by the court underscores why the lawmakers must do their job and pass the marriage bill. State Representatives in the land of Abraham Lincoln should not wait for the courts to act while tens of thousands of couples are waiting for their full rights," said Bernard Cherkasov, CEO of Equality Illinois, the state's oldest and largest advocacy organization for lesbian, gay, bisexual and transgender Illinoisans.

"After the U.S. Supreme Court ruled this summer that same-sex married couples are entitled to all the 1,138 federal rights and benefits granted under marriage, it became even clearer what Illinois couples were being denied by not being able to marry, and the quickest path to remedying that inequity is for the legislature to act in a few weeks," Cherkasov continued.

"We are pleased that the dismissal arguments put forth by marriage opponents were rejected by the judge and the case will continue," he said. "By their very nature, however, court cases require months to be decided, followed by the expected appeals. The legislature has the power to do the right thing right now and respect all loving, committed couples in Illinois who desire the protections, benefits and recognition that only marriage brings by passing the Religious Freedom and Marriage Fairness Act this fall."


facebook twitter pin it del.icio.us stumble upon digg google +1 reddit email




Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Episcopalians OK same-sex marriage 2015-07-01
Dining news: Marriage-victory items; Fourth of July 2015-07-01
Entertainment: Celebs react to marriage news; Jeremy Renner; Spider-Man 2015-07-01
National roundup: OPM praised; Hillary's video; marriage news 2015-07-01
Website answers questions about marriage 2015-07-01
Forty years ago: Chicago's 1975 marriage protest 2015-07-01
Marine to be denied marriage license in San Saba County Texas 2015-06-30
Lambda Legal launches marriage tracker, online reporting website 2015-06-30
VA extends benefits to same-sex couples following supreme court ruling 2015-06-29
Supreme Court decision, Obergefell analyzed 2015-06-29
Protesters call attention to issues other than marriage 2015-06-28
LGBT advocacy groups issue guide after historic marriage ruling 2015-06-27
Marriage 'speak-out' takes place at Center 2015-06-26
Locals respond to marriage decision 2015-06-26
President and Vice President speak on marriage equality decision 2015-06-26
Supreme Court: State bans on marriage for same-sex couples unconstitutional 2015-06-26
U.S. Supreme Court backs marriage equality, groups and leaders respond 2015-06-26
Chicago celebrates high court decision for marriage equality 2015-06-26
BOOK REVIEW Speak Now: Marriage Equality on Trial 2015-06-24
Legal activists poised to fight back, some states face hurdles 2015-06-24
Gov. Pence to speak to Indiana Republican Party Spring Dinner 2015-06-19
Supreme Court LGBT decision to be celebrated or protested in 50+ cities 2015-06-18
Star Jones fights for diversity, equality in the workplace 2015-06-17
Snapshot of Love: Ricketts-Skinner; Ferguson-Walsh 2015-06-17
National: Mich., N.C. laws; bar rejects trans woman; Jeb, Trump run for prez 2015-06-16
Pope Francis' asserts that kids must have opposite-sex parents 2015-06-16
However question is framed, support for same-sex marriage rising 2015-06-16
Fisher-Price, Proud Parenting Program to raise LGBT parenting visibility 2015-06-15
Jeb Bush: Where does he stand on marriage equality? 2015-06-15
NC legislature overrides Governor's veto of "Opt-Out" legislation 2015-06-12
Equality Florida's statement in support of #BlackLivesMatter 2015-06-12
Laura Ricketts, Brooke Skinner wed 2015-06-10
Immigration Equality hosts fundraiser 2015-06-09
Screening of Hudson's marriage-equality video draws celebs 2015-06-09
ACLU recognizes Kirkland & Ellis in Michigan victory for gay, lesbian couples 2015-06-09
10 Chinese couples to be wed in West hollywood 2015-06-08
Equal marriage support at record high, key segments remain opposed 2015-06-08
Supreme Court: Why Abercrombie decision matters 2015-06-08
Guam Chief Judge bans enforcement of discriminatory marriage laws 2015-06-05
World news: Kazakhstan law struck down; marriage developments 2015-06-02
 



Copyright © 2015 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor
Sponsor
Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage



About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.