Lisa Madigan calls same-sex marriage ban unconstitutional

Jun 5, 2012

Illinois Attorney General Lisa Madigan says the state's current prohibition against same-sex marriage is unconstitutional.

The Democrat is throwing her weight behind a pair of lawsuits in Cook County court that are challenging the state's marriage laws. She says she personally supports gay marriage.

I don't believe that the current law that prohibits gays and lesbians from being able to marry in the state of Illinois - uh, meets - uh, equal protection," she said.

Peter Breen, head of the conservative Thomas More Society says it's worrisome Madigan is choosing not to defend the current state law.

"There is no reason that she would be taking one position in the trial court and another position in front of the appellate court or the Supreme Court," Breen said. "So this is really a statement of hostility by the attorney general against the traditional marriage position."

The lawsuits are brought by 25 same-sex couples who were denied marriage licenses by the Cook County Clerk.

A spokesman for the county state's attorney declined to comment on whether they would mount a defense in the cases.