CHICAGO - Activists who filed a lawsuit challenging Illinois' ban on gay marriage asked a judge today to rule quickly in their favor, saying a recent U.S. Supreme Court decision striking down part of a law denying federal benefits to married gay couples creates a new urgency in the state.
Lambda Legal and the American Civil Liberties Union of Illinois filed a motion for summary judgment in Cook County Circuit Court. They said Judge Sophia Hall could rule on the motion as soon as Aug. 6, when oral arguments are scheduled on a defense motion to dismiss the lawsuit.
Peter Breen of the Thomas More Society (photo right) is representing five downstate county clerks who are defending the Illinois statute defining marriage as between on man and one woman after Attorney General Lisa Madigan and Cook County State's Attorney Anita Alvarez refused to do so.
Breen says the activists' request is premature because all the evidence has not yet been presented. He also complained that the plaintiffs took nine months to respond to the motion to dismiss the case. "For them to come in (now) ... has me wondering if they're particularly confident of their legal position as a matter of law," said Breen. ...More HERE