Filed Date: May 30, 2012
Closed Date: Dec. 17, 2013
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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.
Summary Authors
Joshua Arocho (6/22/2012)
Katherine Reineck (3/29/2015)
Flynn, Peter (Illinois)
Hall, Sophia H (Illinois)
Jacobius, Moshe (Illinois)
Brown, Mayer (Illinois)
Knight, John A. (Illinois)
Flynn, Peter (Illinois)
Hall, Sophia H (Illinois)
Jacobius, Moshe (Illinois)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: May 30, 2012
Closing Date: Dec. 17, 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Same sex couples from Illinois who want to get married.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Cook County Clerk (Cook), County
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Discrimination-area:
LGBTQ+:
Discrimination-basis:
Type of Facility: