Gay marriage ban unconstitutional, Cook County State's Attorney motion says

[William769]

The Cook County State’s Attorney’s office concedes in a court filing today that the state’s ban on same-sex marriages is unconstitutional, according to a spokeswoman.

Two recent lawsuits against Cook County Clerk David Orr claim that not issuing marriage licenses to same-sex couples violates the due process and equal protection clauses of the Illinois Constitution.

The state’s attorney’s response, filed today, agrees with that claim.

“We believe the plaintiffs are correct in their assertion that the Illinois Constitution upholds marriage equality for same sex couples just as it does for opposite sex couples,” spokeswoman Sally Daly said in an email.

http://www.chicagotribune.com/news/local/breaking/chi-gay-marriage-ban-unconstitutional-cook-county-states-attorney-motion-will-say-20120614,0,6434391.story

[citysyde]

1. Lawyers and rights advocates help me out here on my question:

Does this mean that Illinois could be the next Massachusetts, where a state supreme court declared the restriction of marriage only to opposite sex individuals unconstitutional there? As far as I recall, Massachusetts was the first of any state to open the gates through a court decision.

I am a bit uncertain if this could be yet another step to adding one more state to those that will allow marriage of gay folks. How likely is this?

[William769]

2. Massachusetts was the first to do so.

California was the second. Then Prop 8 happened that stopped the California Supreme Courts ruling. Now it's on to the U.S. Supreme Court.

Illinois Could be the next State to allow marriage equality.

[citysyde]

3. Thanks, yes, I was wondering if this case or this court

path could proceed soon enough so as to come into place in IL like it did in Mass, or is this likely to play out over several months or even years in IL.