The lawsuit centers around 25 same sex couples who were denied marriage licenses. Illinois allows civil unions but not gay marriage. Tom Brejcha is with the Thomas Moore Society. He represents five downstate counties that want the court to dismiss the suit.

“We’re here to argue the law,” noted Brejcha. “The law says marriage is formed for a certain purpose and it’s not discriminatory in any sense. It’s an affirmative thing.”

James Darby, 81, also believes it’s an affirming distinction, which is why he wants the suit to move forward. The Korean War veteran has been with his partner Patrick Bova for 50 years. Darby says says he’s willing to wait another month because the right to marry is worth suing for.

“I would like to be buried at the Abraham Lincoln Cemetery in Joliet. And I would like him to be buried with me,” said Darby, the lead plaintiff in the case represented by Lambda Legal.  “Because spouses can be buried with the veteran. But that’s not happening.”

Judge Sophia Hall says on September 27th, she’ll issue a decision on whether to dismiss the lawsuit.

Yolanda Perdomo is a host and producer at WBEZ. Follow her @yolandanews.