Illinois Same-Sex Marriage: Where Are We Now?

 Posted on March 22,2014 in Family Law

If you are a same-sex couple wishing to get married in Illinois, you may not have to wait until this summer, as was reported in the news late last year. While the historic same-sex marriage law does not go into effect until the first day of June 2014, Illinois counties are opening their courthouse doors one-by-one and letting gay couples come inside to complete marriage licenses, although recent rulings have led to dissent within the state.

Brief History

On November 20, 2013, Governor Pat Quinn signed Public Act 098-0597, legalizing same-sex marriage and making Illinois the 16th state in the Union to recognize the equal rights of gay couples. The bill passed in the state Senate in February 2013 and narrowly passed in the House on November 5th, whereafter it was quickly approved by the Senate and signed by the Governor. However, the law does not officially go into effect until June 1, 2014. Despite the relatively quick work by lawmakers to get a controversial bill passed and enacted, some citizens of Illinois have continued to challenge the government’s position and have sued for the right to marry sooner. Last month, on February 21, 2014, their persistence paid off when United States District Court Judge Sharon Coleman ruled that a denial of marriage to a same-sex couple in Cook county was a violation of the couple’s constitutional rights.  

Controversy Continues

Presently, the office of the Illinois Attorney General and some local State Attorneys cannot agree on how to respond to the recent Federal Ruling. Attorney General Lisa Madigan published a letter after the Cook county ruling, stating that other counties should follow and issue marriage licenses now, even before the law goes into effect. If a couple is denied a license, she promised that her office would intervene in a lawsuit filed by the couple against the county. One State Attorney that disagrees is Lake County’s Mike Nerheim, who stated that Lake County would be issuing no marriage licenses until June. He warns that any invalid marriage may cause future divorce and probate problems.  

Contact Legal Help Today

If your county will not issue you a marriage license because you are gay, and you are just insistent on a spring wedding, then you may want to sue the county. Another option, though not very convenient, may be to get married in Cook County or in another county that is honoring same-sex marriage at this time. If you are facing legal issues related to same-sex marriage or civil unions, the family law attorneys at Goostree Law Group can assist. Our experienced staff can assist you with pre-marital agreements and all aspects of dissolution of marriage.