UPDATE x2: About a dozen Illinois county clerks have told the AP that they're waiting to issue gay marriage licenses. They say they don't want to open themselves up to lawsuits and want to protect the couples from legal challenges.
Macon County Clerk Stephen Bean says he hopes to start issuing licenses as early as Friday. But he says he will tell the couples they could face legal challenges to their marriages.
McLean County Clerk Kathy Michael says the county will start issuing same-sex marriage licenses on March 24.
"As a result of last month’s irresponsible judicial decision in Cook County, which usurps the proper legislative process, county clerks are now issuing same-sex 'marriage' licenses across the state of Illinois.
While U.S. District Judge Sharon Johnson Coleman believes that there 'is no reason to delay further' the implementation of Illinois’ new same-sex 'marriage' law, she evidently fails to recognize that creating, modifying, or implementing state law is outside of the court’s purview.
Making and implementing law is strictly a function of the General Assembly. Ignoring the proper roles of the three branches of government sets an extremely dangerous precedent.
When unelected judicial activists like Judge Coleman circumvent the legislative process, they are in essence telling the legislature that they are irrelevant. State lawmakers and county clerks should not be complicit in this gross usurpation of the legislative process."
A state law legalizing same-sex marriage takes effect June 1. But a federal judge in Chicago ruled Feb. 21 that Illinois' original ban was unconstitutional.
While the court said the ruling only applied to Cook County, Madigan is applying it to any county in Illinois regardless of the law.
In a statement, Gov. Pat Quinn said every county clerk in Illinois should quickly follow Madigan's guidance.