University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Lazaro v. Orr PB-IL-0009
Docket / Court 12CH19718 and 12CH19719 ( State Court )
State/Territory Illinois
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
Lambda Legal
Case Summary
On May 30, 2012, several same sex couples filed this lawsuit against the Cook County Clerk in the Cook County Circuit Court, Chancery Division challenging the constitutionality of the Illinois Marriage and Dissolution of Marriage Act ("IMDMA"). The plaintiffs sought declaratory and injunctive ... read more >
On May 30, 2012, several same sex couples filed this lawsuit against the Cook County Clerk in the Cook County Circuit Court, Chancery Division challenging the constitutionality of the Illinois Marriage and Dissolution of Marriage Act ("IMDMA"). The plaintiffs sought declaratory and injunctive relief, claiming that IMDMA violates their rights to equal protection, due process, their right to be free from gender discrimination, and their right to privacy.

On June 21, 2012, the Illinois Attorney General announced that she would not defend IMDMA as she believes it violated the Illinois Constitution. Opponents of same-sex marriage attempted to intervene and to delay the case while the U.S. Supreme Court considered same-sex marriage cases before it, but the court rejected both those efforts.

In July 2013, following the U.S. Supreme Court's decision striking down Section 3 of the Defense of Marriage Act in Windsor v. U.S., Lambda Legal and the ACLU of Illinois filed a motion for summary judgment in this case in Cook County Circuit Court, arguing that because same-sex married couples could now receive federal benefits, same-sex couples in Illinois were additionally harmed by their inability to marry. The motion was denied.

In November, 2013, Illinois passed a law allowing same-sex couples to marry. Consequently, the case was stayed before being dismissed on December 17, 2013.

Joshua Arocho - 06/22/2012
Katherine Reineck - 03/29/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
Discrimination-basis
Sexual orientatation
General
Disparate Treatment
Gay/lesbian/transgender
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Cook County Clerk
Plaintiff Description Same sex couples from Illinois who want to get married.
Indexed Lawyer Organizations ACLU Chapters (any)
Lambda Legal
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple‚Äôs 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
12-CH-19719 (State Trial Court) 06/21/2012
PB-IL-0009-9000.pdf | Detail
District Court
12-CH-19718 (State Trial Court) 06/21/2012
PB-IL-0009-9001.pdf | Detail
District Court
General Documents
Complaint 05/30/2012
PB-IL-0009-0001.pdf | Detail
Document Source: Plaintiffs' counsel
Complaint For Declaratory and Injunctive Relief 05/30/2012
PB-IL-0009-0002.pdf | Detail
Document Source: Plaintiffs' counsel
Decision 11/30/2012
PB-IL-0009-0003.pdf | Detail
Judges Flynn, Peter (State Trial Court)
PB-IL-0009-9000
Hall, Sophia H (State Trial Court)
PB-IL-0009-0003 | PB-IL-0009-9001
Jacobius, Moshe (State Trial Court)
PB-IL-0009-9000 | PB-IL-0009-9001
Monitors/Masters None on record
Plaintiff's Lawyers Brown, Mayer (Illinois)
PB-IL-0009-9000
Knight, John A. (Illinois)
PB-IL-0009-0001 | PB-IL-0009-9000
Nicklin, Emily (Illinois)
PB-IL-0009-0002
Defendant's Lawyers None on record
Other Lawyers None on record

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