Pictured County Clerk David Orr. Photo by Tracy Baim
Will Cook County, Illinois, soon join other municipalities in offering same-sex marriage licenses? That scenario is doubtful, but Cook County Clerk David Orr, Cook County Commissioner Mike Quigley, and Ald. Tom Tunney have been meeting with activists and attorneys to strategize about the best approach to fight discriminatory marriage laws in the state. The City of Chicago is located within Cook County.
But with two bills proposing a state constitutional amendment banning gay marriage in Illinois, some worry that issuing those licenses would further help efforts to pass the amendments. The state already has a Defense of Marriage Act.
Cook County Clerk David Orr was thrust into the spotlight on this issue by Mayor Richard Daley. Daley, in stating his own support of gay marriage, deferred to Orr as the one who issues marriage licenses in Cook County. But unlike in San Francisco, Orr is not really the 'mayor' of Cook County—the Cook County Board is headed by John Stroger.
But Stroger and most of the County County Board appear to oppose a same-sex marriage push, despite passing a domestic-partner registry for same-sex couples last year. That registry is largely symbolic, while full marriage would bring more than 1,000 benefits, legal and financial. Stroger and others are deferring to the state on this issue. Cook County Commissioners Mike Quigley, Roberto Maldonado, Joseph Moreno and Joan Murphy reportedly back marriage rights.
Quigley, Orr, Tunney, and Deputy Cook County Clerk Brandon Neese are all supportive of gay marriage but believe the changes must occur with a coalition of support, otherwise the certificates would be struck down quickly.
'One key step is trying to strengthen the coalition,' Orr told Windy City Times Monday. 'The goal is to find the best way to test the law. To try to build on that. There is some support in the County and City, but not enough. The other issue is, what is the best legal strategy—we're discussing with a lot of coalition people.'
'We don't want to do anything that gives more help to the right wing,' Orr said. 'Like with many movements, the goal is fairly clear, and every step is important for our own benefit, so as not to encourage the [anti-gay] amendment, or assist in its passage.'
Orr has a long record of supporting gay issues, going back to the 1970s. He said he is 'fed up' with anti-gay discrimination.
'[Orr] is working with all the groups and legal experts to determine how to proceed,' Brandon Neese said. 'He does want to do something. We want to find a way we can proceed that will effect long-lasting change. If [the federal amendment] passes, it may shut us down for a generation and take away the relationship rights we have already gained.'
Commissioner Quigley said he supports gay marriage '100%' but that he is following the recommendations of the informal group which met again Monday to discuss strategy. He said the goal is to fight the marriage amendments in Springfield and Congress, because there is very little Cook County government can do.
'This is as tough a time as ever to do the right thing,' Quigley said. 'Our primary concern is beating back the federal amendment, which would destroy everything we have done. The same thing with the state.'
Ald. Tunney emphasizes that he knows how important marriage rights are. 'We're going to cross this bridge at some point or another, whether with President Kerry or President Bush,' Tunney said. 'No one is asking Orr to grant marriages without a coalition of support. We need to give him as much support on the County level and work with the Commissioners. ... The train going the other way is a Constitutional Amendment. We do not have the support in Springfield. We're also concerned, we want our Speaker to support the efforts,' Tunney said. 'We don't want this on the ballot in November.'
Meanwhile, State Rep. Larry McKeon and gay allies are fighting three proposed amendments to the state constitution. Republican Rep. Bill Mitchell of Forsyth and Democratic Rep. William J. Grunloh both are backing bills to change the constitution to define marriage as being between a man and a woman. Last week, Grunloh amended his own bill to extend beyond the banning of same-sex marriage to banning all forms of domestic-partnership registries and benefits [House Joint Constitutional Amendment, HGCA, 41].
Mitchell's bill also attempts to nullify existing laws, saying that 'civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized ... .'
McKeon is trying to make sure the bills do not make it out of the Rules Committee or out of the main committees and onto the House or Senate floor for a vote. Even though they would need a two-thirds majority to pass, McKeon said he fears the community will not be able to stop them. If they are passed, they go on the ballot in the general election Nov. 2. If the bills are passed with less than six months before the general [after May 2], they would go on the next general ballot, in 2005.
All three HGCA bills [24, 25, and 41] are in the Rules Committee now.
Last week, President George W. Bush declared his support for an amendment to the U.S. Constitution. [See WCT Feb. 25.]
