MADISON - The state Supreme Court is scheduled to hear a NortheastWisconsin man’s appeal of a lost lawsuit overWisconsin’s same-sex marriage referendum.
William McConkey of Baileys Harbor sued the state in May,arguing a 2006 referendum which led to a statewide ban on same-sexmarriage was unconstitutional. The ballot measure read, in part,"that only a marriage between one man and one woman shall be validor recognized as a marriage in this state and that a legal statusidentical or substantially similar to that of marriage forunmarried individuals shall not be valid or recognized in thisstate."
McConkey, who has a homosexual daughter, argued that the firstpart of the referendum question limiting marriage to only one manand one woman was a separate subject from the second part of thequestion addressing any similar legal status to marriage forunmarried individuals. McConkey argued that if the propositions hadbeen put forth separately, a significant number of voters may havevoted yes on one question and no on the other. He also said thequestion violated a provision in Wisconsin’s constitutionrequiring referendum questions to only deal with one subject.
A Dane County judge ruled McConkey did not have standing tochallenge the constitutionality of the marriage amendment, and thatthe referendum question was legal because both questions related tothe same subject.
McConkey appealed, and the appeals court turned the case over tothe Supreme Court because of its broad impact. The Supreme Court isscheduled to hear the case Tuesday morning. A final decision willbe made in writing later.
FOX 11 News will have a crew in Madison to cover the arguments.Watch fox11online.com and FOX 11 News at Five and Nine for thelatest.
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