It’s starting to look like we have a trend on our hands.
Today, Cook County State Attorney Anita Alvarez elected to stop defending Illinois' gay marriage ban, claiming it violates the state constitution. Alvarez sided with two lawsuits, one of which filed by the state's ACLU branch, and joined with the Illinois' Attorney General and Governor in opposing the ban. Through a spokesperson, Alvarez announced that she stopped defending the ban because "we believe the plaintiffs are correct in their assertion that the Illinois Constitution upholds marriage equality for same sex couples just as it does for opposite sex couples."
Before opposite sex couples in Illinois start planning their Big Fat Gay Weddings (TM), they should wait to see what the courts rule on June 21, when Illinois Courts decide whether to let an outside party defend the marriage ban.
The killjoys at the Thomas More Society charitably offered to disenfranchise gay couples themselves, should the state be unwilling to do so. Defending the ban, the society's attorney griped "it's clear that this lawsuit was an 'inside job' from the beginning." He then went on to admit that it’s also clear that Obama was born in Kenya and that Tupac is alive (He was probably confused by the hologram. So lifelike!)
Regardless, Alvarez's decision is another in a long line of victories for proponents of gay marriage. Even if the Thomas More Society is allowed to defend the state’s ban, the State Attorney’s decision weakens their case as it reflects poorly on the decision’s constitutionality if the state itself doubts its legitimacy.
Were it to legalize gay marriage, Illinois would be the second most populous state to do so after New York.
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