image
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
* Caption contest!
* Question of the day
* Hold off a bit, please
* The mental health cost shift
* Credit Unions – “People Helping People” and their Communities
* Redefining Darin
* *** UPDATED x1 - Rauner response *** Madigan to Rauner: Disclose how you reached your budget decisions
* Today's must-read
* *** LIVE *** Session coverage
* *** UPDATED x1 *** This morning's "right to work" tally
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* 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

          
        * Google Play Service 7.3 update brings trusted places UI [APK Download]
        * OnePlus hosting an event on April 20th
        * Orbitum will test your dexterity, will make you dizzy too
        * OnePlus Event, LG G4 Teaser, Google Search & more – Pocketnow Daily
        * Droplet reminds you of things you need to do digitally and physically
        * T-Mobile suspends ZTE ZMax sales, owners taking off the batt
        * Must Deliver action game challenges you to deliver the zombie cure

        * ViewSonic Releases A New 27-Inch 4K LCD Monitor
        * Lenovo’s New 17.3-Inch Full HD Notebook For Everyday Tasks
        * Garmin VIRB X Waterproof HD Action Camera Introduced
        * New Alcatel OneTouch Idol 3 Available For Pre-Order In The US
        * Find Out Just How Much of an Uber Fiend You Are
        * Microsoft Responds To Bricked Windows 10 Lumia 520 Handsets
        * WikiLeaks Sony Document Hints At Upcoming New Cameras

        * Bang-bang play at second looms large in rally
        * After slow start, Shark settles in with strong outing
        * Samardzija battles, but White Sox take walk-off loss
        * Tigers 2, White Sox 1: Duel gone awry
        * Tigers 2, White Sox 1: A duel gone awry
        * Samardzija battles, but White Sox take walk-off loss
        * Sale-Sanchez duel set for Comerica Park

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


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

        Archives
        April 2015
        March 2015
        February 2015
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        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


        * Madigan forms committee to review Rauner budget.....
        * Gov. Rauner visits Fairdale, meets with residen.....
        * Speaker Madigan heats up his rhetoric in Spring.....
        * Does Rauner know what voters want in budget bat.....


        * Cardinal Francis George, key Catholic orthodoxy voice, dies
        * Attorneys seek dismissal of charges in Islamic State case
        * Funeral for Cardinal George set for Thursday
        * Attorneys seek dismissal of charges in Islamic State case
        * Reaction to the death of Cardinal Francis George
        * Ex-police commander accused of torture decries reparations
        * Lawyer to judge: New NCAA head-injury deal as bad as first
        * Chicago schools chief to take temporary leave amid probe
        * Burge expresses disbelief over torture victims compensation
        * 2 convicted of desecrating Illinois cemetery get prison time

        * Madigan forms committee to review Rauner budget activities
        * Bill expanding in-car blood-alcohol devices passes House
        * Bobcat hunting bill passes House by slim margin
        * Madigan forms committee to review Rauner budget actitivities
        * State restores part of funding cut from schools
        * Bill banning powdered alcohol cruises through Senate
        * Official state pie? Illinois House approves the pumpkin variety
        * Springfield branch of The Autism Program lays off five workers
        * Illinois medical marijuana coordinator stepping down
        * Advocate Health amends Illinois managed care contract, saving state $5.1 million

        * Boeing accused of unfair labor tactics as union cancels vote
        * Does Rauner know what voters want in budget battle?
        * How many volunteers does it take to put on a gala? 150
        * Ten questions for the executive director of Green City Market
        * CPS chief to step down for now amid federal probe


          * Feds eye CPS records on education group backed by state's, city's elites
          * 3 charged with murder in 2012 slaying on Dan Ryan
          * From polio to priesthood: Francis George rose to lead hometown's Catholics
          * CPS chief Barbara Byrd-Bennett on leave amid federal probe
          * Young woman found dead in Gary home
          * After Cardinal George's death, parishes reflect on his impact, legacy
          * Cardinal George to be buried next to his parents in All Saints Cemetery
          * U.S. sets speed limit on oil-carrying trains in cities
          * Chicago woman's kidnapping story unravels after review of Ventra Card: cops
          * Cardinal Francis George dies after long struggle with cancer


          * George helped 'make his people holy'
          * Cardinal Francis George helped 'make his people holy'
          * Schock donor sues ex-US congressman seeking reimbursement
          * Is that the Loch Michigan Monster lurking off Fullerton Beach?
          * Chicago's retired Cardinal Francis George dies at 78
          * Canine flu outbreak sickens hundreds of dogs in Midwest
          * Rauner's first 100 days: The politics of negotiating a budget
          * 'Right to Try' measure passes Illinois House
          * Chicago council approves $5M settlement in police shooting
          * Chicago schools chief requests temporary leave amid probe


          * Madigan forms committee to review Rauner budget activities
          * Heather Eagleton: Illinois should regulate step therapy treatments
          * Bill expanding in-car blood-alcohol devices passes House
          * Bobcat hunting bill passes House by slim margin
          * Our Opinion: Springfield's flood warning signs an investment in safety
          * Mark Denzler and Randy Nehrt: 'Buy North American' bill a bad deal for Illinois
          * Cinda Klickna: Time for Rauner to stop campaigning and start governing
          * Wendy DuBoe and Mark Burton: Don't shortchange Illinois' investments in human services
          * E.J. Dionne: Rubio's fountain of youth
          * State restores part of funding cut from schools


          * Foodmobile making stop in Jacksonville today
          * LIVE: 2015 Ebertfest Day 3
          * William Beasley
          * Kathleen Bynum
          * Austin Brown Jr.
          * Eric Welker
          * Claude Cullum
          * Anita Mueller
          * Margaret 'Babe' Sweitzer
          * Timothy Russell


          * No-brainer? Predators get to Crawford in the 3rd, beat Hawks 6-2
          * Clayton Kershaw gets 1st win as Dodgers beat Rockies 7-3
          * Predators beat Blackhawks 6-2, even series at 1 game each
          * Gas-line blast closes major highway, injures at least 11
          * Development proposals could bring new businesses to Glen Ellyn

          * Marshall County Board chair not optimistic...
          * Following a familiar path, Bost raises ove...
          * Kirk raised $1 million; Duckworth $522,000
          * READ IN: Trading Spaces Edition
          * Nancy throws wrench in 10th District's Bra...
          * New supercomputer for Argonne National Lab...
          * Kinzinger supports bill to help hospital-b...
          * Congressman Rodney Davis Talks Student Loans
          * NRSC blasts Duckworth on tax day
          * Poll: Bennet-Coffman race close -- Rubio l...

          * Durbin Support...
          * Ancona farmer goes to Washington for seminar...

          * Obama: Loretta Lynch delay "embarrassing"...
          * Remembering Cardinal Francis George...
          * Durbin Support...

          * A DAY IN THE LIFE (of Chicago): To listen to the CTU, it’s Rahm’s fault!
          * Home Robberies In Buena Park
          * DNA Info: Poor, Black Chicagoans Overwhelmingly Picked Rahm Over Chuy
          * A comic book cafe
          * City council turnover...
          * Dumke: Will the new Chicago City Council still be a rubber stamp?
          * DNA Info: Planners Dreaming Up What's Next for Pullman National Monument
          * So the Regal Theater is on its way back...
          * Illinois Lawmakers Passes 'Right To Try' Law
          * Illinois Lawmakers Pass 'Right To Try' Law


          * Illinoisans Receive Governor’s Volunteer Service Award - 6thAnnual Awards Ceremony to be Held on April 20thin Springfield
          * Get Smart About College Planning During Money Smart Week® - College Illinois!® 529 Prepaid Tuition Program offers tips to plan for--and afford--the cost of college
          * Motorcycle Season Revs Up, Riders Urged to “Gear Up-Ride Smart” - New Campaign Touts Staying Safe Through Proper Gear, Education
          * IDOT’s Operation Teen Safe Driving Program Announces 2014-15 Winning Schools - Innovative Program Helps Save Lives, Promotes Safe Driving Habits
          * State of Illinois Takes Action on Medical Cannabis Dispensary Applicants





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