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Illinois Prosecutors Won't Defend Gay Marriage Ban

But some legal experts say prosecutors are legally bound to defend state's law

By Mark Russell,  Newser Staff

Posted Jun 21, 2012 10:00 AM CDT

(Newser) – Illinois is home to a 16-year-ban on gay marriage, and some 25 same-sex couples have been gearing up for a big court fight against it. Problem is, the defense's table is looking pretty empty. The AP reports that the state's attorney general and the Cook County state attorney are both refusing to defend the law defining marriage as between a man and a woman, saying it violates the state constitution's equal protection clause. "I'm not going to defend something I believe is in violation of the constitution," says Anita Alvarez, state attorney for Cook County.

But some legal experts believe prosecutors are legally bound to defend Illinois law, and explain that not doing so sets up a scenario where a judge could quickly strike down the marriage statute. But the AP notes that prosecutors in other states have, on occasion, refused to defend other laws they believed would be found unconstitutional. Alvarez and Lisa Madigan's refusal mirrors the Obama administration's decision last year not to defend the Defense of Marriage Act, believing it too would be unconstitutional.

In this photo taken Friday, May 11, 2012, Cook County States Attorney Anita Alverez walks to a press conference at the Cook County Criminal Courts Building.
In this photo taken Friday, May 11, 2012, Cook County States Attorney Anita Alverez walks to a press conference at the Cook County Criminal Courts Building.   (AP Photo/M. Spencer Green)
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COMMENTS
Showing 3 of 45 comments
Doug_Masters
Jun 21, 2012 4:39 PM CDT
I am a religious man. I use faith in a very deep and direct way throughout my day and life. I am married to a woman. She is great. If someone were to come to me and say "Sir the law has changed. this woman is no longer your wife but is now your partner, you are no longer married but instead part of a domestic partnership" I would say "Sir.... you need to shut the fuck up" The word marriage implies something, it isn't necessarily legal. It is something very symbolic that I a religious man and others who are not religious have the privilege of being apart of. Though I am religious it is obvious that marriage has so many more meanings to different cultures and people around the world. There are plenty of non-religious people whos marriage means as much to them as mine to me. She will always be my wife, I will always be her husband and we will always be married. Now, the idea of a man marrying a man, or a woman marrying a woman does not at all take away from the phantom "institute of marriage" I hear so much about. ( What a stupid phrase ) If anything, the diversity of culture adds to it. The marriage is about proclaiming a commitment to yourself and those around you and then honoring that commitment. To say a domestic partnership is the same is rather insulting. I wouldn't accept it, and I would expect no same sex couple to accept it. I do not applaud any law enforcer for refusing to defend a ban. That should be par for the course. I am not going to give praise to someone for doing what they aught to be doing, or in this case not doing. I would however applaud her and other lawmakers and enforcers lobbying to change the laws. You don't have to be atheist or non religious to support gay marriage. You just have to be a good person.  
LoginsSuck
Jun 21, 2012 1:17 PM CDT
explain that not doing so sets up a scenario where a judge could quickly strike down the marriage statute. and the problem there would be? If not defending the law would get it thrown out, then I don't see a problem.
GenericLeftist
Jun 21, 2012 10:42 AM CDT
If you ask a gay person if they would accept equal rights while calling it a domestic partnership, they decline to answer... This is really about spitting in the face of religious peoples, I'm not religious but I'll stand with them and spit right back.. This isn't about equal rights, this is about flaunting your gayness in other people's faces.
 

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