A conservative law firm is threatening to intervene in a lawsuit against Illinois’ same-sex marriage ban that prohibits same sex-marriage.

That comes after Cook County State’s Attorney Anita Alvarez said she would not defend the ban in court.

Peter Breen is the head of the conservative Thomas More Society. He says the lawsuits challenging Illinois’ gay marriage ban are forcing the issue in court — instead of the state legislature.

“It sets a precedent that in Illinois, power wins,” Breen said. “It’s not what the rule of law says, it’s not what court decisions in careful precedence say, it’s power.”

Breen said the Thomas More Society plans to file briefs to defend the current state law by next week.

Illinois’ Attorney General Lisa Madigan has also said she does not plan to defend the same-sex marriage ban.