Professor challenges amendment banning gay marriage

Stacy Forster reports in the Milwaukee Journal Sentinel on a lawsuit pending in the Circuit Court for Dane County alleging the recent amendment to the Wisconsin Constitution is invalid.

The amendment [Wisconsin Constitution Article XIII, Section 13] reads: "Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state."

Dane County Circuit Judge Richard G. Niess dismissed all but one of the plaintiff's claims on the ground of lack of standing.

But, Niess said, [Plaintiff Bill] McConkey has the right to challenge the amendment on the grounds it wasn't properly presented to voters.

That issue will be argued in May.

McConkey and Lester Pines, a prominent Madison attorney representing him pro bono, have argued that the amendment wording covered two subjects - marriage and civil unions - that shouldn't have been mixed into one question.

They allege the amendment violated the provision of Article XII, Section 1 that

if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments separately.

The first annotation to that section says,

It is within the discretion of the legislature to submit several distinct propositions to the electorate as one constitutional amendment if they relate to the same subject matter and are designed to accomplish one general purpose. Milwaukee Alliance v. Elections Board, 106 Wis. 2d 593, 317 N.W.2d 420 (1982).