CHICAGO - While gay marriage activists are celebrating the judge's decision to allow their suit demanding same sex marriage licenses in Cook County to continue, the victory they claim isn't as clear as they are letting on, according to the Thomas More Society. Indeed, the attorneys defending Illinois' current definition of marriage say they are confident their arguments will eventually prevail.
Judge Sophia H. Hall dismissed three of the five claims brought by same-sex couples challenging the constitutionality of Illinois’ definition of marriage as between one man and one woman.
“We are pleased with the court’s ruling dismissing most of the claims in this case. The overwhelming weight of legal authority holds that defining marriage between one man and one woman is constitutional, and we are confident that Illinois’ marriage laws will ultimately be upheld,” said Thomas More Society special counsel Paul Linton, who serves as one of the Special Assistant State’s Attorneys for the five intervening county clerks.
“The people of Illinois have always understood marriage as a relationship that may exist only between one man and one woman. Changing the definition of marriage would not advance either of the two principal reasons for which marriage is a privileged legal and social institution: the procreation of children and providing a stable environment for such children raised by their biological mother and father. We look forward to continuing the litigation in this case.”
The court rejected the plaintiffs' claims that defining marriage as between one man and woman violates the Illinois Constitution's clauses on sex discrimination, privacy, and special legislation. The court allowed the plaintiffs to proceed to discovery on their claims that Illinois' marriage definition violates the Illinois Constitution's clauses on due process and equal protection.
The next court date in the lawsuit will be on October 8, 2013 at 9:30 a.m. in courtroom 2301. A copy of the Judge's ruling can be found here.