After 25 homosexual couples filed suit against the Illinois law defining marriage as solely between one man and one woman, following the lead from President Obama, the Democrat-controlled Illinois government has, with no such authority, declared the law unconstitutional, saying they won't defend marriage in court.
For background, read Illinois Creates Civil Unions, "Gay Marriage" Next and also read Obama Defeats Marriage, Again - Congress Responds as well as Federal Judge Bars Christians from Opposing Gay Agenda
UPDATE 8/7/12: Openly lesbian Cook County Circuit Court Judge Sophia Hall, a declared homosexual rights activist, will decide constitutionality of Illinois marriage law
-- From "Illinois prosecutors refuse to defend gay marriage ban" by Tammy Webber, The Associated Press 6/21/12
Illinois Attorney General Lisa Madigan and Cook County State's Attorney Anita Alvarez have refused to defend the 16-year-old ban, which defines marriage as between a man and a woman, saying it violates the state constitution's equal protection clause.
The decision has raised eyebrows among some legal experts who believe prosecutors are legally bound to defend Illinois law, and sets up a scenario where a judge could quickly strike down the marriage statute. Supporters of the ban say it's unconscionable that there might be nobody in court to defend it, and some are strategizing over how to intervene.
The decision not to defend a state law is unusual, experts said, but not entirely without precedent. Prosecutors in other states have refused to defend other controversial laws, including in Nebraska, where the attorney general refused to defend that state's abortion screening law after a judge temporarily blocked it, because he felt it ultimately would be found unconstitutional.
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From "Private groups in Illinois ‘proud’ to defend gay marriage" by Cheryl Wetzstein, The Washington Times 6/20/12
“Obviously, we feel that the marriage law needs to be defended,” said Austin Nimocks, senior legal counsel for the Alliance Defense Fund (ADF), which will be representing the Illinois Family Institute in a court battle over the Illinois Marriage and Dissolution of Marriage Act.
“It’s unfortunate” that state officials are not going to defend the law, Mr. Nimocks said Wednesday. “So that means that it falls to the Illinois Family Institute to do so, and they are obviously very proud to do so, and we’re happy to help with that.”
Separately, Peter Breen, executive director of the Chicago-based Thomas More Society, a conservative public-interest law firm, said his organization will “soon be filing a legal response” on behalf of other individuals who support the marriage law.
The court battle began May 30, when the gay couples, led by James Darby and Patrick Bova, and Tanya Lazaro and Elizabeth Matos, sued in separate lawsuits to end their exclusion from civil marriage in Illinois.
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Also read Illinois Civil Unions Not Enough; Must Destroy Marriage
