Lawsuit Challenges Illinois Gay Marriage Ban

A Cook County judge heard arguments Tuesday on whether to dismiss a case challenging Illinois' ban on same-sex marriage.

After hearing arguments on both sides, Circuit Judge Sophia Hall will make her decision Sept. 27 on the case involving 25 couples who filed for marriage licenses in Cook County and were denied.

County State's Attorney Anita Alvarez has refused to defend the state's ban, which defines marriage as between a man and a woman. She says it violates the state constitution's equal protection clause. Attorney General Lisa Madigan has argued against the ban because the case brings the constitutionality of state laws into question.

Clerks from downstate were allowed to intervene and defend the ban.

Illinois approved civil unions in 2011, but attempts to legalize gay marriage have stalled.