PROTECT MARRIAGE ILL. v. ORR

No. 06-3111.

463 F.3d 604 (2006)

PROTECT MARRIAGE ILLINOIS, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. David D. ORR, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 6, 2006.


Attorney(s) appearing for the Case

Glen E. Lavy, Alliance Defense Fund Law Center, Scottsdale, AZ, Michael E. Lavelle, Lavelle & Motta, Chicago, IL, for Plaintiffs-Appellants.

Elizabeth E. Howlett, Office of the Cook County State's Attorney, James M. Scanlon, Scanlon & Associates, Thomas A. Ioppolo, Office of the Attorney General, Chicago, IL, for Defendants-Appellees.

Before POSNER, KANNE, and MANION, Circuit Judges.


POSNER, Circuit Judge.

Illinois law permits "advisory questions" to be placed on the ballot in general elections. Ill. Election Code, art. 28, 10 ILCS 5/28-1 to -13. The advice has no legal force. ILCS 5/28-6(c); Georges v. Carney, 691 F.2d 297, 299 (7th Cir.1982). The plaintiffs want to place on the ballot for the forthcoming elections in November the question whether the Illinois General Assembly should propose to amend the...

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