Same-sex couples file suits in Illinois
The legal challenge aims to overturn the state’s ban on gay marriage.
Illinois on Wednesday became the newest battleground in the nation’s fight over gay marriage, as more than two dozen gay and lesbian couples filed lawsuits seeking to legalize same-sex marriage in the state.
The suits, which seek to overturn Illinois’ ban on same-sex marriage, were filed on behalf of the couples by the American Civil Liberties Union of Illinois and the New York advocacy group Lambda Legal, said a spokesman for Lambda, which represents 16 of the couples. Illinois is one of about 30 states where voters have approved amendments limiting marriage to one man and one woman.
A measure to eliminate the ban on same-sex marriage is pending in the state Legislature, but it probably won’t be acted on before the end of the week — when state lawmakers are scheduled to go home.
Although Illinois allows same-sex civil unions, the plaintiffs argue that the limitation on marriage treats them as legal inferiors. They contend that they should be able to marry under due process and equality clauses in Illinois’ constitution.
“Plaintiffs challenge their exclusion from civil marriage, and seek to end the stigmatization and disrespect the state imposes upon them and their children by relegating them solely to the inferior status of civil union,” the couples allege in their court filings.
The couples are described in the court filings as being in “loving, committed relationships for six to 48 years.” Each couple sought a marriage license in May “but was turned away solely because each plaintiff is the same sex as his or her respective life partner.”
President Obama recently propelled the debate to the forefront by endorsing same-sex marriage. Republican presidential candidate Mitt Romney opposes it.
The District of Columbia and Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont have legalized gay marriage, through legislation or court action. Lawsuits similar to the ones in Illinois are pending in other states, including New Jersey and Nevada.