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Loading ...Wisc. Supreme Court may review anti-gay marriage amendment
04.10.2009 9:54am EDT
(Madison, Wisconsin) A Wisconsin appeals court has asked the state Supreme Court to review a constitutional amendment that bans same-sex marriage.
In sending the case to the justices, the appeals court said the issue was a matter of significant public interest and had statewide implications.The high court has not indicated if it will take up the case.
The amendment to the Wisconsin state constitution was passed in 2006 by 59 percent of voters. The lawsuit was filed the following June by University of Wisconsin-Oshkosh political science instructor William McConkey.
McConkey, who describes himself as a “Christian, straight, married” father of nine and grandfather of seven, said in the lawsuit that the question put to voters was illegal because it contained two questions – one regarding marriage and a second involving civil unions. Wisconsin law requires only one question be put to voters at a time.
The lawsuit also claims that the amendment violates the equal protection clause of the U.S. Constitution.
The state asked Dane County Judge Richard Niess to dismiss the suit because McConkey suffered no harm and therefore did not have legal standing to sue.
But Niess accepted McConkey’s argument that his rights as a voter could have been harmed by the way the question was put to voters.
Without ruling on the specific merits of the case itself, Niess said there were sufficient grounds for the case to proceed to trial.
“I believe there is a demonstrable injury to any voter who is required to vote on a question that is constitutionally defective,” Niess said in his written ruling.
“Voting is the very bedrock, the very lifeblood of the democracy we have.”
When the case reached the appeals court the judges referred the case directly to the Supreme Court.
“The state asked Dane County Judge Richard Niess to dismiss the suit because McConkey suffered no harm and therefore did not have legal standing to sue.”
Well, that would be a stalling tactic for the state at best. If McConkey was found to not have standing, surely there are some LGBT folk in the state of Wisconsin who would put their name on such a lawsuit.
Oh good scoop! Another State to start thinking about just how much harm it does for two people who love each other to marry.
Interesting to note though that the repeal of this amendment would not allow for gay marriages to take place because no one is asking for the rights of marriage but only for the vote to be lifted. Gay marriage is still illegal in Wisconsin with or without an amendment.
Interesting. I think he’s got a better shot at it with the “two questions are illegal” angle. The other angle really requires a US Supreme Court decision, and the Supreme Court is not going to agree to hear a case like this any time soon. (And, from a strategic standpoint, I don’t like our chances if it hit the Supreme Court now. I think we stand a better chance 5-10 years from now.)
Wasn’t that sneaky: Scaring people with “Gay marriage” and then tacking on civil union, which is a significantly more abstract concept for “moral” voters. They hate putting the words “gay” and “marriage” together, but if it only implies rights there is without a doubt less support for a ban.
Hopefully this goes through. the Judges would have to be pretty prejudiced to deny the validity of the claim.
Nicholas observed that our Wisconsin Supreme Court Justices would have to be “pretty prejudiced” to deny the claim.
However, you have to consider the caliber of our present justices. Two, elected the last two years, ran campaigns short on ethics. One was censured by the court for deciding cases in which her husband had a financial interest when she was a county judge—but they still seated her. The second, also seated, is still under investigation for a shameful campaign against a black sitting justice, whom he narrowly defeated….and I leave it to you to guess what kind of campaign he, and ultra right wing nut groups inside and outside the state, ran. Right now, it appears the court has a “conservative” majority—which doesn’t make it look very promising for minority rights.
I have a feeling this one could get interesting. Especially in light of the last week.
I hope it does. I’m betting the Wisconsin Supreme Court will decline the case which means the judge will have to rule. He is likely to rule in such a way that will force the WSC to review the ruling. It might be fun.
Nicholas said, “Scaring people with “Gay marriage” . . . ” He’s right.
That’s another reason we need to begin using ‘marriage equality’ rather than ‘gay marriage’ or (even worse) ’same-sex marriage’.
I feel that it’s a good thing that the case was brought up by a “Christian, straight, married” father of nine and grandfather of seven.
If there were more people like this guy in the world it would be a better place
As a committed gay male in love this issue gives me hope that someday I may enjoy the same rights and responsibilities of other married couples in Wisconsin! If asked, I would be incredibley interested in signing on this lawsuit…
I keep reading all these issues that are coming to a head lately (in various states) and all I can do is smile, laugh, and grin stupidly!
I am one of the old guard who has battled the religious wrong since the early 70’s…… We still have a long way to go, but people, my GOD it is good to be finally WINNING big!