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High Court Asked To Throw Out Constitutional Ban On Gay Marriage, Civil Unions

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The Wisconsin Supreme Court was asked Tuesday to throw out the state’s constitutional ban on gay marriage and civil unions. 59 percent of voters agreed to ban both in a single referendum in 2006. But UW-Oshkosh professor Bill McConkey said the state broke the law by asking more than one question in a single vote. He said the bans on gay marriages and civil unions should have been considered separately. McConkey’s attorney, Lester Pines, told the justices that the voters had their rights violated. But assistant attorney general Lewis Beilin said the question was legally okay because both bans are closely related – and they have the identical purpose of preserving the, “unique status of marriage.” The justices are expected to rule on the matter by next summer. McConkey, who has a lesbian daughter, has said he would've voted no on both questions. Therefore, the state said McConkey was not harmed by the amendment’s wording because he would not have split his vote – and as a result, he has no legal standing to bring a lawsuit. But Pines said McConkey may have convinced some people to vote no on just one question had the option been offered. A Dane County judge dismissed the law. And the 4th District Appeals Court passed the case onto the Supreme Court without a recommendation.

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