The motion to dismiss the lawsuit has been thrown out by Circuit Judge Sophia Hall. The lawsuit can now proceed.
An Illinois judge will rule on the future of a lawsuit that is seeking to legalize same-sex marriage in Illinois. 25 gay couples who want to marry filed the lawsuit last year.
Cook County Judge Sophia Hall is expected to rule today on a motion to dismiss the case. Lawyers who are defending the ban and are representing five downstate county clerks want the case tossed. The Plaintiff's attorneys want the judge to let the lawsuit stand and then rule immediately that they won the lawsuit and the ban is illegal.
The clerks originally won the permission to defend the ban after Cook County's top prosecutor and the Illinois attorney general refused to do so. They said the 17-year-old ban violates the state constitution. Illinois legalized civil unions two years ago.
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