Supreme Court hears gay marriage case

MADISON - A Door County man made his case to the state Supreme Court Tuesday that the wording of a 2006 referendum on gay marriage and civil union rights was unconstitutional.

William McConkey believes the question asked to voters violates the single subject law in Article XII, Section I of the Wisconsin Constitution.  The question reads, "That only a marriage between one man and one woman shall be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state."

"The real issue today is as voters is did we have a right to vote on both questions and we didn't," said McConkey, of Baileys Harbor. "That’s the single subject or the single purpose rule that was debated here today. They didn't give us a choice."

In 2006, Wisconsinites voted to ban gay marriage and civil unions. McConkey's daughter is homosexual and he says that's why he is fighting the wording of the referendum.

"This isn't a cultural question, this is a constitutional question," said McConkey. "If we start to go down the road where a simple majority of one vote can pick out a group of people and strip them of their constitutional rights, then we're really in trouble as a nation."

Assistant Attorney General Lewis Beilin argued since McConkey claimed he was going to vote against the referendum even if it were two questions, he was not injured by the way it was worded.  Beilin also asserted that splitting up referendums would create problems for lawmakers.

"It would make compliance with the rule extremely difficult," said Beilin. "It would tie the hands of the legislature in crafting meaningful, coherent change to the Constitution and it would inhibit the voters from doing so."

There were several gay rights activists at the hearing, holding signs in favor of gay marriage, but were told they could not hold up signs in the courtroom.

The Wisconsin Supreme Court is expected to rule on the issue in a couple months.