CHICAGO

Illinois Gay Marriage Lawsuit May Proceed, Judge Rules

09/27/2013 02:49 pm ET | Updated Sep 27, 2013
AP

Story by Matt Simonette, courtesy Windy City Times:

A judge ruled Sept. 27 that a lawsuit filed on behalf of several Cook County same-sex couples wishing to marry can proceed.

Ruling on a motion to dismiss Darby v. Orr and Lazaro v. Orr, Judge Sophia Hall, who is a lesbian, dismissed three of the five claims, but allowed two—claims to violation of equal protection as well as due process—to stay. The court will reconvene Oct. 8.

The lawsuits were filed against Cook County Clerk David Orr in mid-2012. The plaintiffs in the case are being represented by Lambda Legal and ACLU Illinois. Orr, who is in favor of marriage equality, has refused to defend the state's marriage ban, so the Thomas More Society, a conservative law firm, is representing five opposing county clerks in the matter.

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