A lawsuit challenging Illinois' same-sex marriage ban can proceed in Cook County.
Circuit Judge Sophia Hall threw out a motion to dismiss the lawsuit Friday after hearing oral arguments last month.
The lawsuit involves 25 couples who filed for marriage licenses in Cook County and were denied.
Downstate clerks were allowed to defend the state's ban after Cook County State's Attorney Anita Alvarez refused to defend it.
Alvarez says the ban violates the state constitution's equal protection clause. Attorney General Lisa Madigan also has argued against the ban, saying the case brings the constitutionality of state laws into question.
Illinois approved civil unions in 2011, but attempts to legalize gay marriage have stalled.