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Marriage Ban Goes to Wisconsin Supreme Court

Timothy Kincaid

April 9th, 2009

In 2006, Wisconsin voters passed the following amendment to their constitution by 59%:

Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.

Now the Wisconsin State Supreme Court will be presented with the question of whether the referendum illegally put two issues to voters at the same time: whether to ban gay marriage and whether to outlaw civil unions.

On Thursday, the appeals court in Madison asked the seven-member Supreme Court to take the case instead. The appeals court said the case presents several new legal issues that should be decided by the state’s highest court.

“The validity of the marriage amendment is a matter of significant public interest with statewide implications,” the three-judge panel wrote.

If the court chooses to hear the case, it could invalidate the amendment.

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occono
April 9th, 2009 | LINK

Ooh boy. Prepare to hear “Activist Judges” more times then you can count if that or overturning Prop 8. happens. (Although I can’t see the latter happening at all, I was very unconvinced by the arguments. I still don’t even understand what the Separation of Powers argument is based on.)

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