Wisc. Supreme Court may review anti-gay marriage amendment

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.