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IllinoisBirdWatcher

(2,316 posts)
1. "This argument is the legal equivalent of grasping at straws."
Thu Jul 10, 2014, 10:49 AM
Jul 2014

Gotta love how this Order summarized the state's faulty position.

It continues (bolding mine):

The State’s argument ignores the fact under its definition of “government” marriage, it still allows, and always has allowed, couples to marry who have neither the intent nor the ability to procreate. Unwed couples are as free to procreate after the Marriage Bans were enacted as they were before. The State’s definition of marriage flies in the face of Supreme Court decisions defining the real meaning of marriage.


and (bolding mine)

The Marriage Bans cannot withstand Equal Protection scrutiny under any standard of review.


and (again, bolding mine)

The sole basis for precluding same-sex marriage is self-evident—the parties are of the same sex and for that reason alone do not possess the same right to marry (or remain married) as opposite-sex couples. The Court holds that the Marriage Bans are unconstitutional because they violate plaintiffs’ equal protection rights.

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