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.


* *** UPDATED x1 *** Get ready for more heated rhetoric
* Rauner wants fewer managed care companies to serve lots more Medicaid clients
* Question of the day
* What's with the secrecy?
* Pawar on Madigan
* It's just a bill
* "I don't know what else they can do but go on strike"
* Trib defends Rauner's tenure
* Biss to decide on bid soon
* Rauner skips White House dinner attended by 46 governors
* Emulate Trump at your peril
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

...............
<


Loading


* As Decatur loses managed Medicaid options, Raun.....
* Chance the Rapper Will Meet Illinois Governor t.....
* Rauner, Chance the Rapper to talk Chicago schoo.....
* Rauner, Chance the Rapper to talk Chicago schoo.....
* Rauner, Chance the Rapper to talk Chicago schoo.....


* EXCHANGE: Couple starts feminine product bank for needy
* Illinois honoring service members killed in Desert Storm
* Prosecutors investigating if cop tainted other convictions
* 2 nabbed in separate Medicaid fraud probes by state police
* American Airlines flight diverts to Denver after turbulence
* Man accused in killing mistakenly released from custody
* Man accused in killing mistakenly released from custody
* Illinois town in Trump territory backs detained immigrant
* Chance the Rapper, Rauner to talk Chicago school funding
* Chicago schools continue effort in court to get more funds

* Rauner, Chance the Rapper to talk Chicago school funding
* United announces plans for more flights, new destinations
* Gov. Rauner wants more Medicaid clients on managed care
* Sanctuary issue draws dueling demonstrations to Capitol
* Rauner's office: Gov spends 55% of Illinois nights at Mansion
* Report: State senator's law firm dealings under scrutiny
* Durbin wants open look at Russian involvement in election
* Trump puts moderate GOP governors in awkward spot
* Economic stakes high for Springfield in labor showdown
* AFSCME authorizes strike, but still wants to bargain with Rauner

* Oscars oops could spell lasting brand damage for PricewaterhouseCoopers
* Trump promises 'something special' on health care before speech
* CPS might end school year weeks early: reports
* Charter school group touts success in getting grads to college
* Rauner scraps Medicaid managed care, outlines new plan


* Man seriously wounded in Belmont Gardens shooting
* Livery driver shot, minivan stolen in Washington Park
* The day in pictures: Cubs vs. White Sox
* Accountants take ‘full responsibility’ for Oscar flub, slow fix
* Georgia Nicols horoscopes for Feb. 28, 2017
* Dear Abby: Let’s celebrate day child was adopted
* Public asked to help identify man found in West Rogers Park
* Police: Robberies reported in Armour Square
* Jerry ‘Augie’ Morelli founded thriving suburban restaurants
* Tankers beware: Copying Cubs process ain’t cheap – or guaranteed


* Morning Spin: Chicago 4th Ward alderman, suburban mayoral contests on ballot today
* 5 wounded in city shootings
* LINDA C. BLACK HOROSCOPES for 2/28/17
* Duckworth: I'll work with Trump on transportation spending plan
* On point: Guard Deron Williams signs with champion Cavaliers
* Malaysia to charge 2 women with murder in N. Korean's death
* Judge to hear arguments on Dakota Access oil pipeline work
* Fire chief: 4 dead, 2 injured as small plane crashes into two homes in California
* South Korean prosecutors to indict Samsung's de facto chief
* China must be persuaded to squeeze North Korea's lifeline


» Rauner, Chance The Rapper To Talk Chicago School Funding
» Advocates: Caps On Charter Schools Are 'Bad For Our City'
» CPS: School Year May End Early If State Doesn't Provide More Money
» Doctors Warn Against Teen Pot Use Amid Looser Marijuana Laws
» Illinois Town In Trump Territory Backs Detained Immigrant
» Chicagoans Rally To Support Trans Rights After Trump Rescinds Student Protections
» Rauner Has Plan To Keep Government Running In Case Of Strike
» Congressman Rush Declares His Offices As Sanctuaries
» Weekend Funerals For Young Victims Of Chicago Violence
» CPS Relents, Returns $15 Million to Poorest Chicago Schools


* Scott Reeder: AFSCME needs to understand the necessity of sacrifice
* Rauner, Chance the Rapper to talk Chicago school funding
* United announces plans for more flights, new destinations
* Gov. Rauner wants more Medicaid clients on managed care
* Sanctuary issue draws dueling demonstrations to Capitol
* Angie Muhs: It's time to name another Reader Advisory Board
* Bernard Schoenburg: Duckworth names 'thoughtful' former boss to downstate post
* Statehouse Insider: It's not the money, it's the appearance
* Our View: It's time for penance at the Capitol
* Rauner's office: Gov spends 55% of Illinois nights at Mansion


* Rick's Six: Wet weather, water hike, drag racing and closed-door meeting
* SIU photojournalism students capture frames of Carbondale life in new book
* Human services try to 'reframe' their impact
* As dollars dry, college debt is hitting a peak
* Gas price rise likely in weeks ahead
* Commentary: Museums and the power of facts
* Editorial: Need for speed is a dangerous trend on roads
* Police Beat
* Photo: Reaching the top
* West Frankfort man detained by ICE


* Des Plaines man gets probation for lying in probe of Cook County court clerk
* Constable: Oscars serve sweet slice of Americana
* Wheeling incumbent trustee candidates support Argiris
* Elgin police not changing stance on immigration
* Police searching for inmate mistakenly released from prison

* Hultgren to join veterans' forum at Geneva...
* Group upset with Trump wants Town Hall mee...
* US Representative Randy Hultgren visits ne...
* Hultgren posts comments on health care ref...
* Hultgren criticizes immigration ban, Roska...
* Congressmen Call for Probe into Macedonian...
* Hultgren to participate in veterans forum ...
* Hultgren to join veterans' forum at Geneva...
* Majority of IL Congressional Delegation Op...
* Group upset with Trump wants Town Hall mee...

* Democrats' Guests Intended to Send Message......
* Richard Durbin wants independent Russia pr......

* Senator Tammy Duckworth Hosts Transportati......

* “The Driver’s Side” – News From The Motorist’s Perspective
* Do Beatty & Dunaway now deserve a fate worse than Bonnie and Clyde?
* Has anyone been to the Chatham 14 Theaters
* The immigration debate: What does the Catholic Church teach?
* Rauner to meet with Chance the Rapper
* Illinois’s only true meadery is riding the current wave of interest in the fermented honey beverage
* The One-Minute Festival offers a takedown of the entire Trump administration in just 60 seconds
* A tiny takeout joint in a Wilmette strip mall serves some of the most lovingly made Pakistani food in the Chicago area
* Mardi Gras shrimp boil, Wayne's World live reading, and more things to do in Chicago this week
* Does Rauner plan to "PATCO" state employees?


* Governor Announces Medicaid Managed Care Reboot
* Returning Illinois Products Expo Offers 'Taste of Illinois Agriculture' - Supporting Illinois agri-businesses creates boost to Illinois economy
* Governor Celebrates Black History Month
* Governor Bruce Rauner Honors Carnegie Hero From Buffalo Grove
* Governor Addresses State Board of Education to Emphasize Importance of Strong Accountability Standards

  
* Google Home Smart Speaker Coming to the UK This Spring
* Meizu Super mCharge tech will fill up a 3,000 mAh battery in 20 minutes… someday
* Amazon Developing 'Voice ID' Technology for Alexa Assistant
* ‘All’ Fossil Q devices get Android Wear 2.0 next month, Asus ZenWatch 2 and 3 in early Q2
* LG Mobile president talks G6 price, mass appeal and its logo
* SoundCloud Launches Cheaper $4.99 Streaming Subscription Plan
* Mid-range Xiaomi Mi 5c smartphone goes official with in-house-designed Surge S1 SoC

* Abreu slugs first Sox homer; Giolito debuts
* Giolito: 'A lot to work on' after White Sox debut
* Abreu slugs first Sox homer; Giolito debuts
* Abreu slugs first Sox homer; Giolito debuts
* Moncada flashes defense in first spring start
* Moncada flashes defense in first spring start
* Facing Cubs, Renteria 'really happy' with Sox


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

Archives
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
WordPress




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