Source:
APhttp://www.thenorthwestern.com/article/20090515/OSH0101/305150041/1128&located=RSSWisconsin Supreme Court to review gay marriage ban
Decision may affect 2006 referendum approved by voters
By Ryan J. Foley • Associated Press writer • May 15, 2009
MADISON — The Wisconsin Supreme Court agreed Thursday to decide whether the state's 2006 ban on gay marriage was properly put to voters.
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The court will review a challenge by political science instructor William McConkey, who claims the referendum on the constitutional amendment illegally put two issues to voters at the same time: whether to ban gay marriage and whether to outlaw civil unions.
A Dane County judge dismissed the case last year, and the Baileys Harbor man appealed that ruling. Last month, the Madison-based District 4 Court of Appeals asked the high court to take the case immediately because of its statewide significance.
Justices announced Thursday they decided to take the case and gave lawyers 30 days to file their initial briefs. The court did not set a date for oral arguments and any decision would not be expected for months.
Fair Wisconsin, the state's largest gay rights group, praised the court's decision to take the case.
"The constitutional amendment is definitely something we see as a stain on the constitution. It sort of enshrines discrimination," said its legislative director, Katie Belanger.
A ruling striking down the amendment would not legalize same-sex marriage because state law still defines marriage as a union between husband and wife. However, it could pave the way for lawmakers to eventually allow it, or for advocates to file lawsuits seeking that right.........
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I recall that the wording was very confusing and people walked away--those who thought they were voting yes, ended up voting no. Some press about it at the time