In two separate lawsuits, both the ACLU of Illinois and the New York-based Lambda Legal are representing a combined 25 couples statewide challenging a state law that defines marriage as between a man and woman. The suit argues that the Illinois Constitution’s due process and equality clauses guarantee the right for same-sex couples to marry.
Last year, Illinois enacted civil unions, which gives same-sex couples some, but not all, of the same legal rights and protections as marriage. Currently, gay marriage is only legal in the District of Columbia, Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont. There is pending legislation to eliminate language that prohibits gay marriage in Illinois. However, a vote is not expected to take place before the end of this week when the legislative session is scheduled to end.
The opposition believes that taking this issue to court is an end-run around what the public wants and the policy that was approved by the State Legislature.
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