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Gay Couples to Challenge Illinois Marriage Ban in Court

Gay Couples to Challenge Illinois Marriage Ban in Court

 

Over two dozen gay and lesbian couples are set to file lawsuits Wednesday challenging Illinois’ ban on same-sex marriage.

The couples will be backed separately by the ACLU and Lambda Legal, with the ACLU representing nine couples and Lambda Legal representing 16.

The suits will challenge state law that defines marriage as between a man and woman. They will argue that per the Illinois Constitution, which places express emphasis on due process and equality, the ban is illegal. That said, the suits are slightly different and will rely on different legal reasoning in order to argue their cases.

Currently, Illinois allows for civil unions, however the couples will challenge that this recognition is only partial and that they have been denied the full institution of civil marriage for no recognizable government interest. There is a bill pending in the state’s legislature that would recognize same-sex marriage but it is not expected to see movement before the legislative session ends.

The AP has this comment from lead plaintiffs in the ACLU suit, Chicago police detective Tanya Lazaro and systems analyst Elizabeth Matos:

The women, who’ve been together 15 years and have two children, reject the notion of a civil union.

“It’s not the same thing as a marriage. We want our relationship, our love and our commitment we’ve shown for 15 years to be recognized like everybody else’s,” Lazaro said. “When you’re growing up, you don’t dream of civil unions.”

The AP also has this comment from plaintiffs in the Lambda Legal suit, Janean Watkins and Lakeesha Harris:

They have been together for a dozen years and are raising six children, who are the reason Watkins wants to be married.

“We have the kids, it’s important for them to see that the relationship we’re in is validated by the state,” she said.

The groups hope to eventually bring the issue before the state’s Supreme Court.

 

Related Reading:

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Illinois Lawmakers Introduce Gay Marriage Legislation

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Image used under the Creative Commons Attribution License with thanks to alex-s.

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10 comments

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4:12PM PDT on Jun 1, 2012

noted

4:12PM PDT on Jun 1, 2012

noted

4:10PM PDT on Jun 1, 2012

noted

4:10PM PDT on Jun 1, 2012

noted

7:39AM PDT on Jun 1, 2012

Good for you, for bringing this to the attention of many that might not know about this absurd action.

11:01AM PDT on May 31, 2012

good

9:02AM PDT on May 31, 2012

I hope they prevail as being married is much better than a civil union. LIFE LIBERTY AND THE PURSUIT OF HAPPINESS.

8:07AM PDT on May 31, 2012

Thank you for the article...

4:02AM PDT on May 31, 2012

Got an email from Lambda Legal yesterday regarding their filling of the lawsuit. Hope the couples challenge results in the overturning of the ban.
Thanks Steve for posting the article.

10:44AM PDT on May 30, 2012

May both cases prevail and illuminate the legal reasoning serving as the foundation for separate but not equal treatment under the laws violations of basic constitutional rights.

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