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An Illinois law firm that opposes gay marriage is
asking state's attorneys and clerks from Illinois counties to band
together to defend a state law that allows civil unions but doesn't
recognize same-sex unions.
The Thomas More Society's request
comes in response to an announcement made by Illinois Attorney General
Lisa Madigan and Cook County State's Attorney Anita Alvarez that they would not defend the ban on gay marriage, claiming it violates the Illinois constitution's equal protection clause.
"Without an intervener allowed into
the case, the circuit court will strike down the law, and you're going
to have all of these couples from all over the state of Illinois get
marriage licenses here in Cook County, and then take them home," Peter
Breen, executive director and legal counsel of the Thomas More Society
told reporters. "And that will wreak havoc on their own counties'
marriage laws."
Breen said his law firm would be
"seeking relief from the court," and some experts believe the Thomas
More Society may seek standing to defend the ban themselves, according
to AP.
Experts say that could open the firm up to animosity, adding that it shouldn't be a private firm defending a state law anyway.
"Show me where it says any elected
official, especially a prosecutor, can say, 'I won't defend law passed
by a legislative body that is my coequal,' said former prosecutor and
state appellate judge David Erickson. "Only one body can say it's
unconstitutional and that's the (Illinois) Supreme Court."
Madigan and Alvarez said defending
the ban would be against the oath they took when they were being sworn
in to defend the state's constitution.
"I'm not going to defend something I believe is in violation of the constitution," said Alvarez.
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