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Wisconsin ban on all couple recognition upheld by state supreme court

Timothy Kincaid

June 30th, 2010

In 2006, Wisconsin voters passed (59% – 41%) the following referendum:

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.

This was challenged in court under the argument that this referendum actually addressed two issues rather than one as is required: 1) shall marriage be banned, 2) shall civil unions be banned. Supporters of gay couples argued that those who wished to ban marriage but allow civil unions did not have an option.

Today, the Wisconsin Supreme Court announced their decision (Grand Forks Herald)

The court’s 7-0 ruling concluded that the constitutional amendment was properly put to voters in a statewide referendum in 2006. Justices rejected a lawsuit that claimed the amendment violated a rule limiting constitutional amendments to a single subject.



Stefano A
June 30th, 2010 | LINK

I suppose there is some small consolation to be taken in that the court rejected the challenge to domestic partnerships and this ruling was on the legal process rather than the merits of the ban.

Lindoro Almaviva
June 30th, 2010 | LINK

I am with Stefano. I think it would have been better if a constitutional challenge to the actual spirit was mounted. As of right now, couples in WI are still screwed.

June 30th, 2010 | LINK

Is there a way to challenge that like what Olson/Boies are doing in CA?

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