The Wisconsin State Supreme Court got one right: it upheld the voter approved ban on homosexual marriage.
Madison – A legal challenge to the state’s constitutional ban on gay marriage was rejected Wednesday by the Wisconsin Supreme Court.
In a resounding 7-0 ruling, the justices upheld a lower court’s finding that the 2006 constitutional amendment was properly put to voters in a statewide referendum.
In doing so, the court dismissed a plaintiff’s argument that lawmakers violated a rule that limits referendum questions to a single subject when they gave voters one referendum question that included two sections – one on gay marriage and one on civil unions.
“Both sentences of the marriage amendment relate to marriage and tend to effect or carry out the same general purpose of preserving the legal status of marriage in Wisconsin as between only one man and one woman,” Justice Michael Gableman wrote.
In November 2006, voters were asked whether the state should ban same-sex marriage and whether it should ban “identical or substantially similar arrangements,” such as civil unions. Wisconsin voters adopted the amendment with 59% of the vote.
Bill McConkey, a University of Wisconsin-Oshkosh political science instructor from Door County, sued the state in 2007 in Dane County Circuit Court arguing that the ban should be struck down. Voters didn’t have a chance to vote “no” to one part and “yes” to the other, so the entire amendment should be thrown out, McConkey argued.
But the office of state Attorney General J.B. Van Hollen countered that the constitution was properly amended because the two parts of the amendment were closely related and part of the same general purpose.
McConkey is a crank. Claims to be a conservative but no real conservative would try to use a legal technicality to overrule the will of the people.
This vote wasn’t even close, folks. It passed with 59 percent of the vote. Clearly Wisconsin voters believe that marriage is between one man and one woman. Period. And yes, the civil unions diversion is an attempt to rename and redefine marriage.
I fully expect the Left to try one legal challenge after another here. They aren’t bright enough to figure out what 7-0 means. Even Shirley Abrahamson voted with the majority.
