The Cook County State's Attorney's office concedes in a court filing today that the state's ban on same-sex marriages is unconstitutional, according to a spokeswoman.



Two recent lawsuits against Cook County Clerk David Orr claim that not issuing marriage licenses to same-sex couples violates the due process and equal protection clauses of the Illinois Constitution.



The state's attorney's response, filed today, agrees with that claim.



"We believe the plaintiffs are correct in their assertion that the Illinois Constitution upholds marriage equality for same sex couples just as it does for opposite sex couples," spokeswoman Sally Daly said in an email.



The Illinois Attorney General's office has also said it plans to file a brief in support of the lawsuits, and Gov. Pat Quinn has voiced his support for gay marriage.



The lawsuits were filed late last month by the gay rights group Lambda Legal and the American Civil Liberties Union of Illinois.



ACLU attorney John Knight said today that he wasn't surprised that the state's attorney agrees with the argument, particularly since Orr himself has made clear that he believes same-sex couples should be granted marriage licenses.



"This is good news," Knight said of today's filing. "It certainly brings us closer to the day we're looking for."



The next hearing in this case will be June 21, when a motion to combine the two lawsuits will be heard by Judge Moshe Jacobius, Presiding Judge of the Chancery Division of the Circuit Court of Cook County.



It's unclear how the case will proceed.



In other states, outside groups that oppose gay marriage have often stepped in to defend lawsuits like this, and the Chicago-based Thomas More Society has already said it would provide any support it could to defend the constitutionality of the state's marriage laws.