Capitol Fax.com - Your Illinois News Radar » Forward, forever forward, no matter what
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Forward, forever forward, no matter what

Friday, Aug 11, 2006 - Posted by Rich Miller

I doubt very much that we have heard the last of this.

The state Board of Elections agreed Friday with a hearing officer that an advisory referendum on gay marriage doesn’t have enough signatures to be on the November ballot.

But gay marriage opponents have taken their fight to federal court contending that the process to get a referendum on the Illinois ballot is burdensome and unconstitutional.

“Unless they pull a rabbit out of a hat in federal court, it’s not going to be on the ballot,” said Patricia Logue, senior counsel for the Lambda Legal Defense and Education Fund.

Opponents of gay marriage want a nonbinding referendum on the ballot that would ask voters if the state should amend its constitution to ban same-sex marriage. […]

A 1996 Illinois law already prohibits same-sex marriage, but opponents fear that courts could overturn the law unless the state constitution is changed.

Does anyone else see the irony in a potential court challenge? Forget about the merits for a moment.

Gay marriage opponents are worried that an activist judge will find some reason to overturn state law and allow gays to wed. Yet by filing a lawsuit, aren’t they hoping that an activist judge will overturn long established law and allow their measure onto the ballot?

       

26 Comments
  1. - anon - Friday, Aug 11, 06 @ 4:10 pm:

    What is the Lambda Legal Defense and Education Fund?


  2. - HoosierDaddy - Friday, Aug 11, 06 @ 4:23 pm:

    In answer to anon’s question, it’s a gay rights legal organization, sort of a gay-CLU.

    In answer to Rich’s question, yep. We don’t like activist judges (unless they are on our side).

    Whatever.


  3. - Lovie's Leather - Friday, Aug 11, 06 @ 4:26 pm:

    Don’t care. Don’t expect this to be on the ballot.


  4. - Be Activist Only for Me - Friday, Aug 11, 06 @ 4:31 pm:

    Oh, no, it’s better!!

    The federal judge in Chicago has already turned them down. They, in turn, have excoriated the judge for not being ACTIVIST ENOUGH to rewrite the referendum election rules in Illinois, just so PMI can be on the ballot! LOL!!!! It’s turning into a reality TV comedy show.

    For all their fanfare, preaching, moralizing, mud-slinging, self-righteousness and self-flattery, Illinois Family Institute (and now Family Taxpayers Network, which is running around saying that they did all the work) simply SCREWED UP on getting signatures. Their chances in court are slim and none.

    A klutz by any other name . . . will still trip and fall.


  5. - annon. - Friday, Aug 11, 06 @ 4:33 pm:

    You might guess !??? Strange days indeed !!


  6. - HH312 - Friday, Aug 11, 06 @ 4:38 pm:

    I’m always on the lookout for people with enough principle to call BS on their own side when it’s deserved. Not seeing any in this foxhole!


  7. - Larry McKeon - Friday, Aug 11, 06 @ 4:40 pm:

    It’s not going to happen. Their argument was already rejected by a Federal District Court. They are shopping for an activist Federal judge. It is a rare event that a new judge will rehear the same argument made and lost in another district court.


  8. - bored now - Friday, Aug 11, 06 @ 4:40 pm:

    Gay marriage opponents are worried that an activist judge will find some reason to overturn state law and allow gays to wed. Yet by filing a lawsuit, aren’t they hoping that an activist judge will overturn long established law and allow their measure onto the ballot?

    and this brilliant observation after a beer (or two?)! damn! you’re good…


  9. - Rich Miller - Friday, Aug 11, 06 @ 4:51 pm:

    Just one, Bored. For now


  10. - Way Northsider - Friday, Aug 11, 06 @ 4:52 pm:

    Gay marriage is a bogus issue. People should worry about their own marriages - gay or straight - and not meddle in other people’s private business. This is politicking pure and simple. It shouldn’t be put to referendum - civil rights and human rights are civil rights and human rights - a majority of people shouldn’t decide to take away rights from others. The fact that a majority may or may not agree with something is irrelevant here - slavery was wrong even if a majority of the voters at that time in the South thought it was just dandy. I hope the courts throw this out.


  11. - Bill Baar - Friday, Aug 11, 06 @ 5:01 pm:

    Gay marriage opponents are worried that an activist judge will find some reason to overturn state law and allow gays to wed.

    Get rid of the activists judges, and let voters decide in a referendum, if their should be a referendum.

    …after two beers.


  12. - HANKSTER - Friday, Aug 11, 06 @ 5:02 pm:

    Its time we stop attacking the judiciary just because someone disagrees with their decision. It is a very dangerous and shameful trend being set.


  13. - Justice - Friday, Aug 11, 06 @ 5:08 pm:

    Whats the problem?? Gay, straight, neutural….who cares. Life is way too short and we need to live our individual lives the best each of us can. All of us should be so lucky to find some other that cares about us, be they straight or gay. And who says gays arn’t really the straight ones. Where did that rule come from. Really, people need to get a life.


  14. - doubtful - Friday, Aug 11, 06 @ 5:14 pm:

    Well, since it’s currently not legal, Bill, I doubt equal marriage opponents need that referendum. What they really need is a way to motivate people to vote, which is all they are shopping for. Keep the polls off the ballot.

    Hankster, you’re right on. We should especially be wary of any thinly veiled threats against the judiciary. Illinois has witnessed first hand violence against judges.


  15. - ChicagoCynic - Friday, Aug 11, 06 @ 5:15 pm:

    Rich,

    Are you really shocked, shocked to find hypocrisy in the right wing’s pronouncements on acticist judges? According to a recent study, the biggest activist judges in the country now are Antonin Scalia and Clarence Thomas.


  16. - Lovie's Leather - Friday, Aug 11, 06 @ 5:22 pm:

    “Its time we stop attacking the judiciary just because someone disagrees with their decision. It is a very dangerous and shameful trend being set.”

    Hankster, I think it is the exact opposite. I think we should criticize any judge that makes radical decisions whether they are to the left or right. It would be shameful not to.


  17. - HoosierDaddy - Friday, Aug 11, 06 @ 5:29 pm:

    Thomas and Scalia…. only if by “activist” you mean reversing the whacked out decisions of previous courts counts as activism.

    HH312: depends on whose foxhole you mean. I signed the petition when it was proposed and when its supporters were trying to get it on the ballot the old fashioned way. If you’ll note, I was the FIRST one on this board to call BS.


  18. - HH312 - Friday, Aug 11, 06 @ 5:39 pm:

    HoosierDaddy: glad to hear it. Nice to meetcha.


  19. - Elder - Friday, Aug 11, 06 @ 5:42 pm:

    I will start being shocked at right wing hypocrisy on the “activist judges” issue, after I get over my shock at conservative R’s in bed with the “gaming” (GAMBLING) industry!


  20. - ChicagoCynic - Friday, Aug 11, 06 @ 5:48 pm:

    HoosierDaddy, yeah, hate those whacked out decisions like desegregation, declaring mixed marriage statues unconstitutional, declaring the right of an accused to counsel and the right to have illegally seized evidence thrown out. Yeah, hate that whacked out leftist court…


  21. - Da Guy - Friday, Aug 11, 06 @ 7:12 pm:

    If everyone would just be reasonable, the world would be a better place. (By the way I get to define “reasonable.”)

    Who cares, why shouldn’t gays have the right to be as miserable as the rest of us. (or Happy, my wife just walked in.)


  22. - Cal Skinner - Friday, Aug 11, 06 @ 8:02 pm:

    And no one has made the Pat Quinn connection that I made over on Illinoize and McHenryCountyBlog.com.


  23. - Bill Baar - Friday, Aug 11, 06 @ 8:46 pm:

    What they really need is a way to motivate people to vote, which is all they are shopping for. Keep the polls off the ballot.

    Well, does taking it off, demotivate? Or just make them more angry?

    I think it does a diservice to people on both sides. I think it will happen in the future and the outcome on this one not as dire as same sex marriage advocates think.

    What does need to be sorted out are how things like what happened with Catholic Charities getting kicked out of the adoption business can be avoided.

    If redefining marriage means forcing Churches to violate doctrine and creed, few would support this. (Definition is discrimination by the way).

    The people behind this referendum, really believe in it; just as the supporters of same sex marriage really believe in it.

    That there will be no debate on it is not good because that’s how consensus is formed.


  24. - Who is This.... - Saturday, Aug 12, 06 @ 1:57 am:

    Hey Folks, I just received an email about Angel Rivera as a Write In Candidate for Illinois Governor. Frankly, I don’t have a clue who this guy is but he’s worth a look into if you aren’t happy with the current candidates.

    Maybe Rich could do a write up or something about Write In Candidates as I am sure quite a few would consider writing in someone other than “Mickey Mouse”.


  25. - ZC - Saturday, Aug 12, 06 @ 9:09 am:

    For some conservatives (not all), the lexicon goes as follows:

    1. A judge who overturns a law conservatives like is being “activist.”

    2. A judge who refuses to overturn a law conservatives dislike is “refusing to uphold the Constitution.”

    Neat trick, no?


  26. Pingback IlliniPundit.com » Blog Archive » Gay Marriage Petitions Fall Short - Monday, Aug 14, 06 @ 10:14 am:

    […] That said, I agree with Rich Miller about the inappropriateness of asking for court intervention to allow a ballot measure that seeks to prevent court intervention allowing gay marriage. […]


Sorry, comments for this post are now closed.


* Isabel’s afternoon roundup
* Feds, Illinois partner to bring DARPA quantum-testing facility to the Chicago area
* Pritzker, Durbin talk about Trump, Vance
* Napo's campaign spending questioned
* Illinois react: Trump’s VP pick J.D. Vance
* Open thread
* Isabel’s morning briefing
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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


Loading


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

Archives
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
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




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