Wisconsin Supreme Court to Hear Challenge to Const. Amendment

Timothy Kincaid

May 14th, 2009

Per the Wisconsin Radio Network:

The court announced on Thursday it will review a case brought by William McConkey.

The UW-Oskosh political science professor filed a lawsuit challenging the 2006 amendment on the grounds that it was improperly put before voters. McConkey argues the ballot question not only asked voters to ban gay marriage, but also any “similar” legal arrangement such as civil unions. He says the question was unconstitutional because the issues should have been put to voters separately.

L. Junius Brutus

May 14th, 2009

Judging by the fact that all other high courts have rejected these kinds of claims, I’m not too optimistic.


May 14th, 2009

I’m not optimistic either, but who knows, with the way the tide has turned in favor of SSM, maybe we have some “activist judges” *snicker*

Wisconsin is one of those states I’m shocked passed an amendment to begin with (along with Oregon, and of course California under different circumstances).


May 15th, 2009

It really depends on the details of Wisconsin’s amendment process. One of the things these cases have been teaching us all is just how different state governments are.
I do have hope that in those states where it was easy to get an amendment on the ballot (and then scare it on to success) it will be as easy to start the correction process. I emphasize start since we’d still have to change enough minds (or at least wake enough people up to what they did/are voting on) to win.


May 15th, 2009

Just when one state finishes getting marriage equality, another starts the process!


May 15th, 2009

Now would be a perfect time for somebody in Wisconsin to introduce the type of legislation that Lynch wrote/cowrote in New Hampshire, just to put it out there and see what the reaction is.

My thought has been that the clearly written exemptions for religious and fraternal organizations are the key to converting some of the opposition to our side. The hardcore fundamentalists won’t be moved, of course, but it’s a great way to chip away at the edges.


May 15th, 2009

Wisconsin’s Governor is trying to get partial-rights unions legislated, (i.e. Colorado/Hawaii/Maine/Maryland-style Domestic Partnerships) but the opposition is saying that’s Unconstitutional.

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