Case: Lazaro v. Orr

12-19718 | Illinois state trial court

Filed Date: May 30, 2012

Closed Date: 2013

Clearinghouse coding complete

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 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 Ge…

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)

People


Judge(s)

Flynn, Peter (Illinois)

Hall, Sophia H (Illinois)

Jacobius, Moshe (Illinois)

Attorneys(s) for Plaintiff

Brown, Mayer (Illinois)

Knight, John A. (Illinois)

Nicklin, Emily (Illinois)

Judge(s)

Flynn, Peter (Illinois)

Hall, Sophia H (Illinois)

Jacobius, Moshe (Illinois)

Attorneys(s) for Plaintiff

Brown, Mayer (Illinois)

Knight, John A. (Illinois)

Nicklin, Emily (Illinois)

Documents in the Clearinghouse

Document

12-19718

Docket

Darby and Hickok v. Orr

June 21, 2012

June 21, 2012

Docket

12CH19719

Docket

Lazaro and Matos v. Orr

June 21, 2012

June 21, 2012

Docket

12CH19719

Complaint

Lazaro and Matos v. Orr

May 30, 2012

May 30, 2012

Complaint

12-19718

Complaint For Declaratory and Injunctive Relief

Darby and Bova v. Orr

May 30, 2012

May 30, 2012

Complaint

12-19718

12CH19719

Decision

Darby v. Orr

Illinois state appellate court

Nov. 30, 2012

Nov. 30, 2012

Order/Opinion

Resources

Docket

Last updated July 26, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: May 30, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same sex couples from Illinois who want to get married.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lambda Legal

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:

State law

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sexual orientatation

Type of Facility:

Government-run