Cook County Clerk Defends Same-Sex Marriage Ban Lawsuit

Cook County Clerk David Orr's lawyers filed a brief in defense of a lawsuit attempting to overthrow the state's ban on same-sex marriage.

Cook County Clerk David Orr’s office is taking a stance against opponents of same-sex marriage.

On Monday, Clerk Orr's lawyers filed a brief in opposition to a motion to dismiss a lawsuit challenging Illinois' same-sex marriage ban.

Orr was the original defendant in the suit to overturn the state’s ban on gay marriage: Darby v. Orr. However, the longtime equal rights advocate, along with Cook County State’s Attorney Anita Alvarez and Illinois Attorney General Lisa Madigan, refused to defend the state ban, the Chicago Phoenix reports. Instead, Orr sided with the 25 plaintiffs across the state—from Evanston to Rock Island, Hyde Park to Alto Pass—who were denied marriage licenses. As a result, downstate County Clerks Kerry Hirtzel and Christie Webb were given permission to intervene as defendants. The two filed a motion to dismiss Darby v. Orr in summer of 2012. Now, Orr is striking back.

According to Orr, the same-sex marriage ban is unconstitutional.

"Over the years, we have fought to narrow the gap between discrimination and equal rights, first with the Cook County Domestic Partnership Registry, next with gender-blind Civil Unions. But these were never permanent solutions," Orr said. "Marriage Equality is long overdue in Illinois and I look forward to issuing marriage licenses without regard to gender."

A copy of the brief is posted online. 

Mike April 03, 2013 at 01:11 PM
Well hopefully David Orr can get married legally in Illinois soon. I wish him the best.
Barbie Deal April 04, 2013 at 03:47 AM
Marriage is between a man & a woman - ONLY!
Dave W. April 04, 2013 at 05:27 PM
It actually isn't...RELIGIOUS marriage can be, but legally, consenting adults all have the same right to life, liberty and the pursuit of happiness. Liberty is widely defined as the freedom to do what you want so long as it doesn't hurt others...which, aside from some hurt feelings, same gender marriage does not.
Bob April 04, 2013 at 07:33 PM
Dave, fortunately seeking "life, liberty, and the pursuit of happiness" involves personal choices. Homosexual practices haven't been illegal since most of the sodomy laws were repealed. This isn't about letting people do what they want in their bedroom and leaving evryone else alone. It's about creating a legal mechanism to TAKE from others through taxes to pay for entitlements that they wouldn't ordinarily have, and to have the power to force the acceptance of what some consider a perverse lifestyle to everyone, and public (and perhaps private) schools to promote it as the equivalent of hetero families. It isn't about intolerance of gays by straights, it's about oppression and confiscation by gays of scarce public resources and parental choice regarding the education of their children!
Bob April 04, 2013 at 07:39 PM
Yeah, SURE Baba! Gee, how many times has he filed complaints and had DEM voter frauds arrested and prosecuted since he's been in office?LOL Few if ANY! Unless you think the corrupt Dem machines are clean as the driven snow on election day, let's just say some of the most agregious voter fruad in the nation is "protected" by Orr and Anita "What publc fraud and corruption?" Alvarez!


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