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Same-sex marriage changes not imminent in Illinois

By MIKE RIOPELL, Lee Springfield Bureau  Monday, April 13, 2009

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SPRINGFIELD – Same-sex marriage proponents won a handful of victories in the past weeks across the country, but it’s unclear if any of them will have an effect on Illinois.

In neighboring Iowa, the state Supreme Court legalized same-sex marriage. In Vermont, lawmakers did essentially the same thing. And the Washington, D.C. council approved a measure recognizing same-sex marriages from other states.

In Illinois, both supporters and opponents of same-sex marriage aren’t necessarily expecting results soon on either side of the issue..

“As I tell our friends and supporters, don’t go out and plan a June wedding,” said Rick Garcia, political director of the gay-rights group Equality Illinois.

In the Illinois General Assembly, a plan to approve civil unions hasn’t received a full House vote this year, and a constitutional amendment banning gay marriages hasn’t seen the light of day.

Illinois already prohibits same-sex marriage through state law, but opponents worry it isn’t strong enough. State Rep. David Reis, R-Willow Hill, has sponsored the constitutional ban for several years.

If approved by lawmakers, a proposed amendment would go up for a statewide vote. Reis said it’s only fair to allow people to vote on it, and Democrats who control the legislature should help make that happen.

“That’s why we’ve been so frustrated,” Reis said.

Both sides might remain frustrated this year as lawmakers might focus on other controversial proposals, such as tax increases.

Millikin University political scientist Mark Wrighton said trying to work same-sex marriage legislation is going to be complicated for either side.

“I think that’s why you’ve seen most of these efforts in the judicial branches,” Wrighton said.

And a court decision similar to Iowa’s recent one might not develop in Illinois. For the Illinois Supreme Court to rule either way, first, there’d have to be a lawsuit winding its way through the lower courts, perhaps for years.

But same-sex marriage proponents say the Illinois constitution doesn’t have the same “equal protection” provisions other states’ do. So, unsure how an eventual decision might turn out, they’re telling supporters not to sue, Garcia said.

That leaves the decision in lawmakers’ hands.

In 2005, lawmakers approved legislation to block discrimination against homosexuals.

On the other side, opponents in 2006 tried to get a constitutional amendment banning same-sex marriage on the ballot using a petition drive. They got a lot of signatures, but enough were found invalid to keep the idea from coming to a vote. The could try again in 2010.

With Democrats controlling state government, a vote by lawmakers on a similar amendment could be unlikely. But Reis says he’ll keep pushing.

“For one thing, my people want it,” he said.

For supporters, Garcia says they need to try to convince individual lawmakers a vote for civil unions won’t be toxic in their bids for re-election. Civil unions give same-sex couples similar legal rights to marriage.

Wrighton said a lot of lawmakers in Illinois, depending on their districts, could support civil unions with little fear for their political future. Others, though, might get in trouble with voters, damaging their election chances.

“I think it has the potential to do so,” Wrighton said.

Legislation to legalize civil unions is House Bill 2234. Reis’ amendment to ban same-sex marriage is House Joint Resolution Constitutional Amendment 2.

(Mike Riopell can be reached at mike.riopell@lee.net or (217) 789-0865.)

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