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Challenge to Wisconsin's same-sex marriage ban moves closer to Supreme Court

A lawsuit challenging Wisconsin's constitutional ban on Gay Marriage took another step closer to the State Supreme Court Thursday. The suit brought by U-W Oshkosh professor William McConkey says the 2006 referendum on Gay Marriage in the state vi...

A lawsuit challenging Wisconsin's constitutional ban on Gay Marriage took another step closer to the State Supreme Court Thursday.

The suit brought by U-W Oshkosh professor William McConkey says the 2006 referendum on Gay Marriage in the state violated the state constitution because it included two different issues. Banning gay marriage and banning civil unions. The suit claims the state's constitution requires all referendums to address only one issue. This week the state Appeals court ruled that the referendum's wording did raise constitutional questions that the high court should clarify. McConkey's lawyer Lester Pines says he's hopeful the high court will address those issues.

The Supreme Court could say well you might not have thought the law was clear in this area but we do and then just apply it and decide the case.

Gay Marriage advocates like Glenn Carlson of Fair Wisconsin hope the court will clarify the rules in a way that invalidates the states same sex union ban.

"Certainly if the suit is successful it will throw out the result of the November election in 2006 but there seems to be an awful long way to go before getting to that point."

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Supporters of the Gay Marriage ban are suspicious of the timing of this week's ruling. Julaine Appling of the Wisconsin Family Council says it seems odd that it came just after Iowa's high court ruled to legalize gay marriage and Wisconsin voters re-elected long time state Supreme Court justice Shirley Abrahamson.

Attorney General J-B Van Hollen will argue the case supporting the gay marriage ban, if and when, the state high court decides to consider it.

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