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Lambda Legal, ACLU talk marriage suits at forum
by Sean Pyles
2012-07-25

This article shared 6282 times since Wed Jul 25, 2012
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Lambda Legal and the American Civil Liberties Union (ACLU) hosted a panel discussion July 17 at Center on Halsted to update the public on progress of the organizations' separate but coordinated lawsuits for marriage equality.

On the panel were attorneys representing both organizations as well as plaintiff couple Mercedes Santos and Theresa Volpe, and Carlos Briones, whose husband, Richard Rykhus, could not be in attendance.

The attorneys talked courtroom strategy and legal precedent while the plaintiffs discussed the importance of marriage—rather than civil unions—in the lives of their families.

The lawsuits, which represent 25 families, are directed by Cook County Clerk David Orr under the Equal Rights Amendment of the Illinois Constitution, declaring the ban on same-sex marriage unconstitutional. Orr supports same-sex marriage and the lawsuits, as does Cook County State's Attorney Anita Alvarez and Attorney General Lisa Madigan. But two downstate clerks represented by a conservative law firm have been granted the right to intervene in the case and fight the lawsuits.

At the forum, attorney Jordan Hynes of Lambda Legal said the plaintiff couples will talk about their families. He believes this will counter the argument that same sex couples are harmful to children and communities.

Briones said marriage accurately defines his relationship. The couple held a ceremony in 2005 and struggled with the words to describe the event. It was not until Briones and Rykhus adopted their son that a real need to find a proper title for their relationship arose.

"Suddenly it became more important," said Briones. "We wanted our son to be proud. We wanted him to believe he was a part of a family as valuable as any other."

Although Briones and Rykhus are married in Canada, the couple sees an official marriage in the United States as a crucial step in the development of their family.

Hynes said the plaintiffs' stories recall the "separate but equal" doctrine. He also cited the legal precedent of Loving v. Virginia, which declared Virginia's ban on interracial marriages unconstitutional. Hynes believes this legal precedent of marriage as a basic civil right will strengthen the argument for the constitutionality of same-sex marriage.

Santos said that she and Volpe struggle to communicate the importance of their civil union.

"Two of my siblings decided [the civil union] wasn't important enough [to attend]," said Santos. "If it was a marriage it would have been fine, but the civil union was different."

Karen Sheley of the ACLU argued that people don't understand what civil unions are.

"People have had the situation where they have their legal papers in order, but are still denied the same respect those with a marriage have without needing to show any papers at all," Sheley said.

Sheley also noted recent progress with the cases. Representing two downstate Clerks, the Thomas More Society law firm was granted intervenor status two weeks ago to defend Illinois' current ban on same-sex marriage, after Cook County officials refused to.

Volpe said she was happy the case was being challenged. It means she can finally stand up for her right to marriage equality. "If people are speaking up against what makes a family and that differences aren't good...I would love them to see our family because I believe our story deserves to be heard," she said.

A number of the more than 40 attendees asked the panel how a victory would impact their relationships in terms of when they could marry and what that change would mean for tax laws.

The lawyers anticipate the litigation process could take between nine months to a year and a half. The losing party is expected to appeal the case, eventually landing it in the Illinois Supreme Court.


This article shared 6282 times since Wed Jul 25, 2012
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