This is very unusual.

've sued the government a lot of times, but I've never had this happen.

From the Chicago Tribune:

The Cook County State’s Attorney’s office concedes 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, filed today, agrees with that claim.

The government pretty much always defends its practices. This is a big deal.