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JACOBSEN v. KING

No. 2-11-0721.

971 N.E.2d 620 (2012)

361 Ill. Dec. 518

Jillian JACOBSEN, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. Gary KING, Clerk of the County of Du Page, Dan Rutherford, Treasurer of the State of Illinois, and Lisa Madigan, Attorney General of the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois, Second District.

June 11, 2012.

Attorney(s) appearing for the Case

Clinton A. Krislov , Kenneth T. Goldstein , Krislov & Associates, Ltd., Chicago, Mark J. Baiocchi , The Law Offices of Mark J. Baiocchi, Wheaton, Christopher J. Stull , Law Office of Christopher J. Stull, P.C., West Chicago, Bernard Hammer , Attorney at Law, Winnnetka, for appellant.

Lisa Madigan , Attorney General, State of Illinois, Chicago ( Michael A. Scodro , Solicitor General, Mary E. Welsh , Assistant Attorney General, of counsel), for appellees Lisa Madigan , Attorney General, Dan Rutherford, Treasurer of State of Illinois.

OPINION

Justice SCHOSTOK delivered the judgment of the court, with opinion.

¶ 1 The plaintiff, Jillian Jacobsen, filed a three-count complaint arguing that a $5 fee that the legislature added in 2008 to the cost of a marriage license was an unconstitutional tax on marriage. The circuit court dismissed the plaintiff's complaint, and the plaintiff appeals from that order. We affirm.

¶ 2 I. General Background

¶ 3 In June 2008...

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