In May of 2012, the ACLU and Lambda Legal filed a lawsuit challenging the Illinois ban on same-sex marriage. Now that same-sex marriage is legal in Illinois, the Thomas More Society, representing the defendents, filed a motion to have the lawsuit dismissed as moot. The response from the ACLU and Lambda Legal was predictably reasonable: they also filed a motion to have the suit dismissed as moot, since there was no longer any problem requiring a remedy. But even though the Thomas More Society was happy with this outcome, their response shows a certain failure to recognize what “moot” really means.
“We’re pleased that the ACLU and Lambda Legal agree with us that their lawsuits are now moot and thus should be dismissed,” said Peter Breen, vice president and senior counsel of the Thomas More Society. “Because the concerns of people of faith were ignored by the Illinois General Assembly when it redefined marriage under state law, we now turn our attention to the protection of the religious liberty rights of Illinoisans who object to being forced to participate in same-sex wedding ceremonies.”
They’re pleased that the ACLU and Lambda Legal will not pursue remedies to a problem that no longer exists, and that means the Society is now free to pursue remedies to a problem that never has existed, does not exist now, and never will exist. Good job, guys.