As a result of last month’s irresponsible judicial decision in Cook County that usurps the proper legislative process, some county clerks are now issuing same-sex marriage licenses across the state.
While U.S. District Judge Sharon Johnson Coleman believes that there “is no reason to delay further” the implementation of Illinois’ new same-sex marriage law, she evidently fails to recognize that creating, modifying, or implementing state law is outside the court’s purview.
Making and implementing law is strictly a function of the General Assembly. Ignoring the proper roles of the three branches of government sets an extremely dangerous precedent.
When unelected judicial activists such as Coleman circumvent the legislative process, they are, in essence, telling the Legislature that it is irrelevant. State lawmakers and county clerks should not be compliant in this gross usurpation of legislative power.
Note to readers: David E. Smith is executive director of the Illinois Family Institute.