SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
*** UPDATED x1 *** AG Madigan: Gay marriage prohibition is unconstitutional, but counties need to be careful

Wednesday, Mar 5, 2014

* I was out of the office chasing other stories when Attorney General Lisa Madigan released a letter to the Macon County Clerk, who was asking for direction on whether to issue same sex marriage licenses. The clerk’s state’s attorney had advised against it, so he turned to Madigan several days ago. From her response

For the reasons explained in more detail in the legal papers filed in the Lee case, my office’s position is that current Illinois restrictions against same-sex marriage violate the equal protection rights that belong to all citizens under the United States Constitution. Since the United States Supreme Court’s landmark decision in United States v. Windsor, 133 S. Ct. 2675 (2013), there has been a consistent stream of lower federal court decisions declaring restrictions against same-sex marriage unconstitutional. […]

In its February 21, 2014 decision, the court in Lee likewise ruled that “marriage is a fundamental right to be equally enjoyed by all individuals of consenting age regardless of their race, religion, or sexual orientation, and the public policy of this State has been duly amended to reflect that position.” Because the case was filed only against Cook County Clerk David Orr, the court stated that its ruling applied only to Cook County: “Although this Court finds that the marriage ban for same-sex couples violates the Fourteenth Amendment’s Equal Protection Clause on its face, this finding can only apply to Cook County based upon the posture of the lawsuit.”

As a general matter, a court decision is not binding on persons who were not parties to the case. In limited circumstances, a person who was not a party may be considered to be in privity with one of the parties and therefore bound by the court’s rulings. That exception does not apply here. […]

Even though the ruling in Lee is not binding on you, the protections guaranteed by the Constitution must exist without regard to county lines, and the Lee decision, along with the federal court decisions noted above, should be persuasive as you evaluate whether to issue marriage licenses to same-sex couples. Additionally, while the ruling in Lee does not control other courts as binding precedent, we expect Lee to be persuasive to other state or federal trial courts addressing the same questions. If there is another suit challenging a county clerk’s refusal to issue a marriage license to a same-sex couple in Illinois, our office would likely move to intervene, as we did in Lee, and urge the court to follow the holding in Lee.

Thus, in deciding whether to issue marriage licenses to same-sex couples before June 1, each county clerk should consult with his or her State’s Attorney and give full consideration to the rulings in Lee and the many other cases cited above, as well as to the cost and potential outcome of litigation in the event of a lawsuit challenging any denial. In the meantime, same-sex couples who wish to marry in Illinois before June 1 may ask their local clerks to issue the marriage licenses. If such requests are denied, couples may opt to obtain their marriage licenses in Cook County to be married there, or they may file a lawsuit, as the plaintiffs did in Lee, in which we would argue that it is unconstitutional to deny marriage licenses to same-sex couples.

* Gov. Pat Quinn issued a statement

Governor Pat Quinn today released the following statement on the state’s immediate recognition of marriage equality for all:

“Nobody should have to wait for equal rights when it comes to love. I encourage every county clerk in Illinois to quickly follow the Attorney General’s guidance.

“Following this guidance, the Illinois Department of Public Health will now accept all marriage licenses issued by any county clerk in Illinois.”

Under current law, the public health department helps ensure that new marriages comply with state laws.

* From Equality Illinois…

Equality Illinois said Monday that a letter released tonight by Atty. Gen. Lisa Madigan gives all Illinois counties the green light to immediately begin issuing marriage licenses to same-sex couples.

The letter released by the Illinois attorney general regarding marriage equality says “the protections guaranteed by the Constitution must exist without regard to county lines.”

The letter was sent in response to a question from Macon County Clerk Stephen Bean in Decatur about whether the federal court decision ordering Cook County Clerk David Orr to begin issuing licenses to same-sex couples applies to counties in the rest of the state. It was shared with all 102 counties in the state.

“We agree with the Attorney General that the recent federal decision knocking down restrictions on marriage equality as unconstitutional should be the determining factor in clerks’ decisions to issue the licenses before the June 1 effective date of the Illinois Religious Freedom and Marriage Fairness Act,” said Bernard Cherkasov, CEO of Equality Illinois, the state’s oldest and largest advocacy organization for lesbian, gay, bisexual and transgender Illinoisans.

“Already some 260 couples have obtained licenses in Cook County, according to David Orr’s office, and there are many thousands more around the state awaiting the time that they can have their love legally recognized,” Cherkasov said.

* Tribune

Lake County officials said Tuesday that they had no plans to start issuing same-sex marriage licenses before June 1, according to State’s Attorney Mike Nerheim.

Lawyers in the prosecutor’s office, which gives legal counsel to Lake County Clerk Willard Helander’s office, view the ruling that Madigan cited as applying only to Cook County, Nerheim said.

Issuing questionably valid licenses could make a mess of future divorce and probate cases, Nerheim said.

“We just want to make sure that those licenses are valid,” he said.

Officials from other counties in the Chicago area did not immediately respond to requests for comment.

*** UPDATE *** Another one

St. Clair County Clerk Thomas Holbrook on Wednesday said his county was ready to immediately start issuing marriage licenses to same-sex couples. The announcement came a day after Attorney General Lisa Madigan told all Illinois county clerks they had the right to give them out.

- Posted by Rich Miller        


13 Comments
  1. - wordslinger - Wednesday, Mar 5, 14 @ 9:20 am:

    Well, that cleared things up, lol.

    A little less attorney and a lot more general, as in bold leadership, please.

    June 1 seems far away when you have to shovel snow on the morning of March 5.


  2. - Out Here In The Middle - Wednesday, Mar 5, 14 @ 9:29 am:

    ==as well as to the cost and potential outcome of litigation in the event of a lawsuit challenging any denial==
    Seems to me that she is saying “I can’t tell you what to do here but you need to know that if anyone files a lawsuit against your county it will cost you money and you will lose!”


  3. - Just Observing - Wednesday, Mar 5, 14 @ 9:39 am:

    The AG’s opinion seems a bit too political and not enough legal. While I am a supporter of SSM, I think the best approach, outside of Cook, is to wait until June 1 to ensure no legal snafus.


  4. - RonOglesby - Wednesday, Mar 5, 14 @ 9:49 am:

    Geez. Thanks for clearing that right up!


  5. - Under Further Review - Wednesday, Mar 5, 14 @ 9:53 am:

    Not a surprise.


  6. - Wensicia - Wednesday, Mar 5, 14 @ 10:14 am:

    Wishy-washy response. Too bad Lake County is buying this as a reason to hold off until June.


  7. - Yellow Dog Democrat - Wednesday, Mar 5, 14 @ 10:37 am:

    I am not really sure how there is any jeopardy for divorce or probate. A couple applying for a marriage license is going to come back later and argue what exactly? I had no legal right to get married in May, my marriage should be voided? Don’t think so.

    As for probate: if one party dies and the estate is contested because there is no will…um, okay, this can be fixed legislatively, but more importantly:

    No State’s Attorney who opposes marriage equality has a leg to stand on when they claim they are delaying the implementation of marriage equality in order to protect the private marriage rights of those same individuals.

    There basic argument goes something like this: “I don’t want Adam and Steve to get married until July because, God forbid something happens to Steve, I want to make sure his estate goes to his husband Adam and not his biological relatives.”

    Phony argument if I ever heard one.


  8. - A guy... - Wednesday, Mar 5, 14 @ 10:55 am:

    I guess the advice is still coming?


  9. - VanillaMan - Wednesday, Mar 5, 14 @ 11:12 am:

    What a bunch of pathetic drivel.


  10. - Yellow Dog Democrat - Wednesday, Mar 5, 14 @ 1:56 pm:

    Hurrah for Holbrook!


  11. - Anon. - Wednesday, Mar 5, 14 @ 2:01 pm:

    ==A couple applying for a marriage license is going to come back later and argue what exactly?==

    “Our marriage was not legal, and gave my soon-to-be-ex no rights.”


  12. - macon county clerk - Wednesday, Mar 5, 14 @ 2:19 pm:

    Macon County Clerk will begin issusing Same Sex Marriage licenses on Monday, March 10th.


  13. - FoxValleyPride1 - Wednesday, Mar 5, 14 @ 7:22 pm:

    Apparently, Grundy County is on board as well.
    http://www.theherald-news.com/2014/03/05/grundy-county-issues-first-same-sex-marriage-license/ax3425o/


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Question of the day
* *** UPDATED x1 - Rauner response *** This just in... Illinois Supreme Court denies Rauner appeal
* They need a rich "white knight"
* Johnson finally backs Davis... So does Joan
* Schneider throws Quinn under the bus
* Wincing before the hit
* Inspector general's IDOT probe places no direct blame on Quinn
* Today's number: 57 percent
* *** UPDATED x2 - Not totally clean - Some questions answered *** Stories raise unanswered questions about IDOC policy
* *** UPDATED x1 - Schneider campaign responds *** US, Illinois Chambers launch TV hit on Schneider
* Reaching into the past for today's gotcha moment
* New DGA YouTube video ties Rauner to Romney via outsourcing
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* This just in... Unions file motion to "gut" the state's pension case
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Why Are PC Sales Up And Tablet Sales Down?
        * BiiSafe Buddy Is A Bluetooth Keyfob For Item-Tracking And Location Alerts
        * Future Project Ara iteration to get a custom Rockchip chip
        * Most smartphone users download this many apps per month: zero
        * The Week in iPad Cases: Om nom nom nom
        * HTC ‘Flounder’ gets WiFi certified, next Nexus tablet?
        * Some legacy plan customers being moved to Simple Choice

        * A better front door: What will it take for smart locks to succeed?
        * Pay for College Accessories with a Gift Registry
        * Getty Images Leans In to Present Broader Picture of Women
        * Freeze the Credit of a Dying Relative to Prevent Identity Theft
        * The eight must-have elements for resilient big data apps
        * A Look Back as Re/coders Saturated the Airwaves This Week
        * Should so-called “free” apps really be labeled as “free?”

        * Eaton starts rehab assignment at Triple-A
        * Guerra returns to White Sox bullpen
        * Yankees 4, White Sox 3: Prado walks off
        * The White Sox and the Guillen Number
        * White Sox recall infield prospect Sanchez
        * Abreu's 33rd homer not enough for White Sox
        * Shortstop Anderson debuts at Double-A


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Feds subpoena emails of Quinn's ex-chief of sta.....
        * Paul Sassone: Hedge fund manager — my new dream.....
        * State renews Get Covered Illinois PR contract..
        * Section of Interstate 70 named for Jerry Costello..
        * campaign ads..
        * Illinois Governor's race..


        * Federal subpoena sought email of ex-Quinn advisers
        * State renews Get Covered Illinois PR contract
        * Chicago boy, 3, shot in head, critically wounded
        * Mayor: Jackie Robinson West 'pride of Chicago'
        * Chicago's Pullman site could become national park
        * Rauner dealt double blows over Illinois ballot
        * 8 gang members indicted on racketeering charges
        * Church cautions schools on ice bucket challenge
        * Rauner says Board of Election action a Quinn win
        * 2 parolees charged in suburban Chicago standoff

        * Federal subpoena seeks email of former advisers of Gov. Quinn
        * Illinois DNR to use $1.7M grant on recreation
        * Quinn signs legislation requiring transit review
        * State employee unions want expedited ruling in pensions suit
        * November ballot certified without term limits question
        * Supreme Court won't take up term limits appeal
        * Rauner dealt double blows over Illinois ballot
        * IDOT broke hiring rules for years, report finds
        * State Rep. Poe faces 3-week stem cell procedure in Texas
        * IDOT cuts positions following questions on hiring

        * How to sell a cold, penniless city
        * Pat Quinn's magic number: 1 million
        * Printing industry survivors must eat their own
        * Why hospitals CEOs are thinking about the A/C bill
        * Downtown apartments on a five-year hot streak


        * A new heart, a deeper love
        * A new heart, a deeper love: Transplant brings couple closer
        * IDOT political hiring is setback for Quinn
        * Kids pay the price for weak oversight of charter schools
        * Karen Lewis credits dad with influencing her populist platform
        * Eight accused of racketeering, drug-running in Indiana
        * Cardinal George to participate in research trial of new cancer drug
        * Prosecutor: Harvey hostages threatened, one woman sexually assaulted
        * Boy, 3, shot in head on  W. Side
        * Emanuel alters eligibility rules for firefighters entrance exam


        * On the way: Thunderstorms, torrential rain, possible flooding
        * Man dies after jumping into Chicago River downtown
        * Parents questioned after toddler put on life support at Maywood hospital
        * Man, 73, dies in one-car accident near Aurora
        * 11 shot, including 3-year-old, across city
        * 3-year-old boy shot in head on West Side
        * Jackson Jr.'s political fund fined nearly $18,000 for missing reports
        * Chicago fugitive extradited from Poland
        * Cops: Tracking device leads officers to phone store robbery suspects
        * Libertarian Party remains on Illinois ballot this fall


        * IL Supreme Court Won't Hear Term Limit Question Before Ballot Deadline
        * Gone Fishing: Harsh winter brings lake temps down, but not for long
        * Race, Cops & Traffic Stops
        * Listen to State Week - August 22, 2014
        * In Wake Of Ferguson, Rally Planned In Springfield
        * WUIS Education Desk: Springfield Mayoral Candidates Talk District 186
        * Unions Ask For Quick Ruling On Pensions
        * Report Says IDOT Broke Hiring Rules For Years
        * CPS students scramble for new school after Concept charter opening delayed
        * Illinois Takes First Step Toward Drafting Greenhouse Gas Plan


        * Federal subpoena seeks email of former advisers of Gov. Quinn
        * Illinois DNR to use $1.7M grant on recreation
        * Quinn signs legislation requiring transit review
        * State employee unions want expedited ruling in pensions suit
        * Rodney Davis: Congress trying to aid college debt battle
        * Charles Krauthammer: Stopping the worst people on earth
        * November ballot certified without term limits question
        * IDOT broke hiring rules for years, report finds
        * Our Opinion: Another life saved by CPR
        * Esther Cepeda: Misreading our demographics


        * 'The Voices of Heaven' author to speak at Carbondale Public Library
        * Blue Grass family's drive-in dreams coming true
        * Saturday SportsTalk 8-23-14
        * One reported killed in I-72 crash
        * S.I. Bullets to host tryout
        * Community clean up and education events set for Aug. 21 to 24 at Shawnee National Forest
        * Ira Jefferson, Rantoul coach, August, 2014
        * Man who fled after fatal crash held without bond
        * Dan Hennessey, St Thomas More, August, 2014
        * Rantoul's Ira Jefferson, August, 2014


        * Welcome back message? High school sports do matter
        * Boys golf: Scouting Northwest
        * Batliner, Calbi enjoy the ride at Barrington
        * South Elgin has some firepower
        * Steinhaus, Dundee-Crown eye return to playoffs

        * Roskam hires wounded veteran in West Chica...
        * Inactive Congress Discussed - Alton Daily ...
        * Roskam, Kirk speak to local business owner...
        * Roskam Talks Taxes - Alton Daily News
        * Roskam gives business leaders vision for f...
        * Nadler, Roskam Introduce Bipartisan Resolu...
        * Rep. Nadler, Roskam Introduce Resolution C...
        * Rep. Roskam In Letter to Kerry: Stop Runni...
        * Reinvigorating The Antibiotics Pipeline - ...
        * What's next for Peter Roskam? - Chicago Su...

        * Section of Interstate 70 named for Jerry C......
        * Section of Interstate 70 Named for Jerry C......
        * Section of Interstate 70 Named for Jerry C......
        * Section of Interstate 70 Named for Jerry C......
        * Section of Interstate 70 Named for Jerry C......

        * Football scrimmage roundup: West Perry, Su......
        * State Senate approves bill prompted by Col......
        * County rivals West Perry, Susquenita clash......

        * The [Monday] Papers
        * The Beachwood Radio Sports Hour #14: Bearsgate vs. Tarpgate
        * A job hunting anniversary has just passed
        * Peru Elementary Superintendent Writes Scathing Letter Opposing Common Core
        * Davis gets lands endorsement of independent business organization
        * Illinois Delegation Had 9th Most Expensive Spending Agenda in Congress
        * Davis lands endorsement of independent business organization
        * Illinois 10th Congressional District: Brad Schneider, Bob Dold, and Karl Rove
        * The Weekend In Chicago Rock
        * Chicago schools to give students a ‘healthy eating report card’


        * ICYMI: Feds subpoena emails of Quinn’s ex-chief of staff
        * Quinn Said He Was Stopping Patronage Hiring In 2010; He Was Actually Expanding It
        * Rauner: Quinn patronage scandal reminds us why we need term limits
        * Governor Quinn Announces New Class of Illinois State Police Cadets - More Cadets to Protect and Serve Communities Across Illinois
        * Governor Quinn Signs Landmark Legislation to Reform Illinois’ Mass Transit Agencies - Law Establishes Review Procedures for Unprecedented Transparency and Accountability Across CTA, RTA, PACE and METRA




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller