Wisconsin High Court to Review Marriage Ban

The Wisconsin supreme court said on Thursday that it would review whether the 2006 constitutional ban on same-sex marriage was properly put to voters, reports the Washington Post.
The amendment, which voters passed with nearly 60 percent approval, changed the constitution to define marriage as a union between a man and a woman, and to prohibit legal recognition for any union that is “identical or substantially similar to marriage.”

Political science instructor William McConkey is challenging the referendum. He charges that by asking voters two questions -- whether to ban same-sex marriage and whether to ban civil unions -- it violated the state law that limits referendums to one subject.

A Dane County judge previously upheld the referendum, but McConkey appealed the decision. An appeals court in Madison asked the supreme court to hear the case immediately.

Should the high court strike down the amendment, same-sex marriage would remain illegal in Wisconsin, where a state law still defines marriage as a union between a man and a woman. However, the potential overturn of the constitutional amendment could open the door for legislative or judicial efforts to recognize the right of same-sex couples to marry.

Lawyers have 30 days to file initial briefs. Oral arguments, which are not scheduled yet, are expected to take place this fall.