Lawsuits Seek to Legalize Gay Marriage in Illinois
11:51 am - 05/30/2012*UPDATED* Groups say barring same-sex couples from marriage is unconstitutional
Building on the momentum of President Barack Obama's recent support of gay marriage, two major civil rights groups in his home state filed lawsuits Wednesday in hopes of legalizing same-sex marriage in Illinois.
The two lawsuits — brought by the American Civil Liberties Union of Illinois and the New York-based Lambda Legal — represent 25 couples statewide. Both challenge a state law that defines marriage as between a man and woman, arguing that the Illinois Constitution guarantees the right for same-sex couples to marry under due process and equality clauses.
"It's time for Illinois to recognize the love and commitment of these couples," said John Knight, director of the Lesbian, Gay, Bisexual, Transgender Project of the ACLU of Illinois. "We've waited long enough."
Knight said Obama's comments, as well as Gov. Pat Quinn's backing of gay marriage earlier this month and nationwide polls showing increasing public support for same-sex marriage set the stage.
The filings come a year after Illinois enacted civil unions, but many couples in the lawsuits said civil unions made them feel like second-class citizens.
Lambda Legal's lawsuit, which has 16 couples, includes Chicagoans Patrick Bova and Jim Darby. They've been together for 48 years and hope to marry by their 50th anniversary. They entered into a civil union last year, but said they want their relationship to be recognized in the same way as their heterosexual friends.
"I have bought so many toasters for so many weddings," Darby joked Wednesday at a news conference. "I want someone to buy me a toaster."
The 25 couples in both lawsuits tried to apply for marriage licenses in Cook County, but were denied.
It's unclear how Illinois will handle the cases' legal process, but attorneys with the advocacy groups are ready to take them to the state Supreme Court. The defendant named in the case, Cook County Clerk David Orr, is personally in favor of gay marriage. Several messages left for Cook County State's Attorney Anita Alvarez, who would represent Orr, were not immediately returned Wednesday.
A spokeswoman said Orr was out of the country and had not seen the lawsuit, but issued a statement on his behalf.
"The time is long past due for the State of Illinois to allow County Clerks to issue marriage licenses to couples who want to make that commitment," the statement said. "I hope this lawsuit clears the last hurdle to achieving equal marriage rights for all."
Currently, the District of Columbia and six states — Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont — have legalized gay marriage. Courts decided for gay marriage in Massachusetts, Connecticut and Iowa. A lawsuit, filed by Lambda Legal, challenging an Iowa law that barred gay marriage prompted the Iowa Supreme Court to legalize it in 2009.
Legislation to eliminate language that prohibits gay marriage is pending in Illinois, but a vote isn't expected before the session is scheduled to end this week.
Illinois' civil unions give same-sex couples some, but not all, of the same legal rights and protections as marriage, such as the power to decide medical treatment for a partner and to inherit a partner's property. When that law was approved last year, opponents — including some religious and conservative groups — said it was a step toward gay marriage.
Republican State Rep. Mike Tryon, of Crystal Lake, voted against civil unions last year, and took a similar stance on gay marriage Wednesday.
"I firmly believe that a marriage is between a man and a woman, and it should stay that way," Tryon said.
Some opponents also said the advocates were skirting what the public wants by taking it to the courts.
"Going around the will of the people is not the right way to change an institution that has thousands of years of history and is sound in its reasons for existing," said Peter Breen, executive director of the Chicago-based Thomas More Society. The public interest law firm opposes gay marriage.
Breen said the lawsuits would not hold up in court under the constitutional arguments and only a handful of states had succeeded in doing so.
However, Northwestern University political science professor Andrew Koppelman said the fact that both civil rights groups, which are selective about their cases, had stepped forward showed the lawsuits likely have a strong chance.
Lambda Legal is a national legal organization that advocates for the civil rights of homosexuals, bisexuals, transgender people and those with HIV. It and the ACLU share the same goal of legalization, but decided to pursue separate lawsuits because the groups have different missions. The lawsuits also slightly differ in legal reasoning.
Plaintiffs in the ACLU lawsuit, which includes nine couples, are Chicago police detective Tanya Lazaro and systems analyst Elizabeth Matos. The couple, who has been together 15 years and has two children, reject the notion of a civil union.
"It's not the same thing as a marriage. We want our relationship, our love and our commitment we've shown for 15 years to be recognized like everybody else's," Lazaro said. "When you're growing up, you don't dream of civil unions."
Source
Nine couples filed a lawsuit in Illinois on Wednesday to challenge the constitutionality of a state law that denies same-sex couples the right to marry.
The lawsuit, filed in state court, comes a year after Illinois implemented civil unions for same-sex couples, the American Civil Liberties Union said in a statement.
The nine couples are being represented by lawyers from the ACLU.
A separate lawsuit was filed Wednesday by Lambda Legal on behalf of 16 same-sex couples who are also seeking the freedom to marry, the ACLU statement said.
"The coordinated cases signal the organizations' shared commitment to ensure that the government treats all families fairly," it said.
Across the nation, 29 states have approved constitutional amendments banning same-sex marriage.
Six states and the District of Columbia allow same-sex marriages, while five states -- Illinois among them -- allow civil unions between same-sex couples.
The lead plaintiffs in the ACLU-backed case in Illinois are policewoman Tanya Lazaro and systems analyst Elizabeth "Liz" Matos, of Chicago's Northwest Side, the ACLU said.
The pair, who have two young daughters, have chosen not to enter a civil union.
"Our relationship is not about some legal benefits and protections, but about love for one another," said Lazaro, quoted by the ACLU. "We love each other; we are committed to one another. Anything short of marriage does not recognize that love and commitment."
Many campaigners also reject civil unions as an unacceptable alternative to having the right to marry.
"What defines a marriage is love and commitment, our hopes and dreams for a life with the person we most love in all the world," said John Knight, director of the ACLU of Illinois' LGBT Project.
"Creating civil unions -- a separate, novel and poorly understood status for gay and lesbian couples -- does not honor the devotion of our families, nor fully protect them, but instead sends a powerful message that our families are inadequate and undeserving."
President Barack Obama announced his support of same-sex marriage, a change in his position, on May 9.
Previously, the president had been murky on his personal view of the issue, saying he was simply "evolving" on the issue after having once opposed it, which left many in the lesbian, gay, bisexual and transgender community displeased.
But while he satisfied many on the left by taking a firm stand on same-sex marriage, certain groups --including some black evangelicals and so-called Reagan Democrats -- expressed dismay over his decision.
Obama's endorsement of same-sex marriage came a day after North Carolina voters passed a state constitutional amendment banning legal recognition of such marriages and other types of gay unions.
Voters in Minnesota, Washington, Maine and Maryland will vote on whether to amend their states' constitutions to ban same-sex marriage in November.
Source
The battle around same-sex marriage in Illinois headed to court Wednesday.
The American Civil Liberties Union of Illinois and Lambda Legal each filed lawsuits in Cook County Court seeking marriage for same-sex couples in Illinois.
“It is time for Illinois to recognize the love and commitment of these couples and thousands of others by allowing them the freedom to marry," said John Knight, LGBT project director for the ACLU of Illinois.
Nearly a year ago, Gov. Pat Quinn signed off on civil unions in the state and recently vowed to work with Illinois lawmakers to make same-sex marriages a reality here too.
"I don't think we want to wait on courts," Quinn said. "I think in Illinois, we are able to show the nation that we are a state that believes in respecting everyone. Everyone has dignity and rights."
The court fight is coming, though.
Lambda Legal, representing 16 same-sex couples, claims that barring the couples and their children from marriage is a violation of the Illinois Constitution's guarantee of Equal Protection and Due Process.
"Civil unions do not satisfy Illinois' guarantee of equality because they single out a group of people, treat them differently under the law, and deny them the fundamental right to marry," said Senior Staff Attorney Christopher Clark in a statement.
Clark said Lambda Legal is taking the case to court because "it is the job of our courts to uphold the Constitution and protect individual freedom."
In February, three lawmakers filed a House bill they called the "Religious Freedom and Marriage Fairness Act." The proposed legislation aimed to eliminate the part of state law that prohibits gay marriages and offer same-sex couples the marriage rights available to heterosexual couples. The bill was since pulled.
There are not enough private beds to accommodate everyone being displaced. They're talking about housing people in prisons.
I'd back myself up with links, but I'm on my phone. I'll try to come back later with sources.
This state is in horrible financial shape, and there have been (and continue to be) huge cuts in all kinds of human services, especially mental health services and services for people with disabilities. It's HEINOUSLY wrong, but I honestly don't believe that it means Quinn isn't progressive himself. I honestly don't know what all the options are for balancing the state budget, but I do know the governor doesn't make those decisions personally or in a vacuum.
It's also not fair, imo, to blame him personally or solely for the state's financial condition. The current situation is the legacy of our psychopathically corrupt former Gov. Rod Blagoevich and his habit of pushing for and signing into law any program that he thought would make him look good, regardless of whether there was any way to actually fund those programs or not. He almost drove the state into bankruptcy by the time he was finally impeached and removed from office (he was eventually convicted on corruption charges and FINALLY went to jail this spring). And just as Blago was getting the long-deserved heave-ho from the governor's mansion, the recession hit virtually. As the sitting Lt. Gov., Quinn became Governor, inheriting both Blago's mess AND the economic problems stemming from the recession, He has had his hands full and then some.
I'll allow that PERHAPS a more dynamic and/or imaginative leader might have been able to do so with less collateral damage...but considering just HOW horrendous things were when Quinn stepped into the job, that's a pretty big "PERHAPS."
I wish to hell things were better, that we could have gotten rid of Blago before he managed to do the amount of damage that he did, and I sure as hell with the recession had never happened. I absolutely HATE that our state government seems to be obsessed with trying to fix things by cutting human services. That's just absolutely flat out wrong, and the whole situation is deplorable. (I'm also not happy about the recent state income tax hikes, either!)
HOWEVER, I honestly feel these are completely different and separate issue from Quinn's personal credentials as a progressive. I see no reason to doubt his sincerity about his intention to push for the legalization of same-sex marriage in this state, and as a resident of this state, I have to applaud that, regardless of what errors of judgment he and/or the state government may be guilty of in other areas.
[Edited to clean up unnecessary repetition and to clarify certain points.
Edited at 2012-05-31 12:35 am (UTC)
But closing Murray Center has been largely pushed and supported by Quinn. I just have a very hard time taking a statement about respect and equality seriously when it comes from a man who is, essentially, supporting putting people with disabilities in prison. The "progressive" comment wasn't towards him as a political entity, just... that, in particular.
I still think the question of Quinn's sincerity about working for marriage equality is a separate issue. Sometimes people (especially politicians) seem to get certain issues while appearing to be bafflingly blind to others. I suspect (although of course I can't prove) this might be one of those cases; in that I really do think he gets the marriage equality issue, and I'm glad about that, while wishing at the same time that he, and the rest of our state's government, wasn't so cavalier about mental health care.
If anything, if they must close it, I would like to see some of the people there transferred to 16-bed ICFDDs or 8 bed CILAs. A nice-ish group home seems as though it would be a better environment. Putting a DD population in prisons is dangerous and their situation will not improve. I seriously advocate that they get sent to other facilities if the bed space is possible. I know that there is bed space available - one of the ICF/DDs that receives services from my facility is working at about half-capacity and has been for about a year.
But as someone that works with the Developmentally Disabled, it's so sad to see the cuts that are going on. I don't fault Quinn for the budget cuts at all - because the state of Illinois is in a dire situation. Taxes are going up across the board and things are being shut down. And this state already has some fucking ridiculous taxing going on. I do, however, wish that there were other areas that could get cut. I'm hard-pressed to think of any.
I do feel like Quinn supports Gay Marriage in this state, and is a bit more personally progressive than the economic decisions that he's having to make in this state.
EDIT: So I've read a bit more about Murray and the specific situation. This is many times worse than I thought. Many of the people that receive services at Murray are too severe for CILAs and ICF/DDs. This whole situation is so fucked up. There is a facility in this area that cares for people that have disabilities to this effect, but there aren't any beds available.
God, this is so, so fucked up.
Edited at 2012-05-31 03:53 am (UTC)