Two downstate clerks have been granted the right to battle lawsuits that seek marriage equality in Illinois after Lambda Legal and the American Civil Liberties Union of Illinois decided not to oppose their petition to intervene in the case.
Tazewell County Clerk Christie Webb and Effingham County Clerk Kerry Hirtzel will argue in favor of the ban on same-sex marriage in Illinois, which Lambda Legal and the ACLU are suing to overturn.
The lawsuits were left undefended after Cook County Clerk David Orr, who is named in the suit, and Cook County State's Attorney Anita Alvarez refused to battle them, stating they agreed with the 25 plaintiff couples. Attorney General Lisa Madigan has also filed to intervene on behalf of the couples.
The intvervening clerks are represented by the Thomas More Society, a conservative law firm that opposes same-sex marriage. Peter Breen of the Thomas More Society has argued that the clerks have a vested interest in the case, while Camilla Taylor of Lambda Legal argues that they do not.
Still, Lambda Legal and ACLU did not oppose the petition to intervene in court July 3, stating that they wanted to give both sides a hearing.
"This is not a concession that these clerks have standing to intervene because they don't," said Taylor. "What's important is for our 16 families to have their day in court and to tell their stories."
John Knight of the ACLU said that allowing the intervention was a matter of fairness.
"We think it's important that the other side be heard," he said.
Some have also speculated that opposition in the cases may yield a clearer win for marriage equality advocates because the appeals process may push the case beyond just Cook County.
Asked if allowing the intervention was part of a strategy to win the cases for the entire state, Taylor stated simply stated, "We always anticipated having an adversary."
The clerks have filed a motion to dismiss the case. The ACLU and Lamda have 45 days to respond to that request.
The next court date for the case has been set for Sept. 27 at 10:30 a.m. in the courtroom of Judge Sophia Hall.