(MCT) —The Cook County State’s Attorney’s office plans to concede 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, expected to be filed later today, will agree with that claim.

In an e-mail, spokeswoman Sally Daly wrote: “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.”