New attempt to get Ill. gay marriage case thrown - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

New attempt to get Ill. gay marriage case thrown

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CHICAGO (Associated Press) -

Lawyers fighting a lawsuit by 25 same-sex couples seeking the right to marry in Illinois are making a new push to have the case dismissed.

On Tuesday, they asked the Cook County judge handling the case to refer their challenge to an appeals court. They hope that will undo the judge's denial last month of their motion to toss the case.

Attorney Peter Breen of the Thomas More Society says they are contesting the judge's finding that the plaintiffs can argue the ban on gay marriage violates the state constitution's equal protection and due process clauses.

Arguments on their motion for appeal are set for Nov. 14.

The plaintiffs, meanwhile, are seeking a quick summary judgment in their favor. No date has been set for oral arguments on that motion.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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