Boaden v. Department of Law Enforcement

JUSTICE FREEMAN,

specially concurring:

Today, the majority holds that an employer may discriminate against a person, in this case deny employment to a person, based on to whom that person is married. The majority concludes that such conduct is not included in the Human Rights Act’s prohibition of discrimination based on "marital status.” 171 Ill. 2d at 238.

I respectfully disagree with this conclusion and its underlying reasoning. I would defer to the conclusion of the Human Rights Commission that marital status discrimination includes discrimination based on the identity of one’s spouse. Such…