The Wisconsin Supreme Court will review the validity of the state constitutional amendment passed in 2006 banning same-sex marriage and civil unions Tuesday.
William McConkey, professor of political science at UW-Oshkosh, filed a suit against the state claiming the 2006 ballot measure violates the single subject rule of Wisconsin referendums because it concerns the separate issues of the definition of marriage and the legality of civil unions.
The part of the ballot measure McConkey is challenging states 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.""
McConkey was not available for comment to provide details on the case.
Kevin St. John, special assistant to Attorney General J.B. Van Hollen, said the state's position against McConkey has two parts. St. John said McConkey is not the proper party to bring the claim and that the amendment was presented fairly to voters.
Wisconsin citizens and various advocacy groups are concerned about what McConkey's claim could mean for the future of marriage in Wisconsin.
""It's only one subject,"" said Julaine Appling, CEO of Wisconsin Family Council. ""It's simply about marriage.""
Appling said she believes the first part of the amendment has no meaning without the second part to support it. She said the first part refers to what marriage is, and the second to what marriage is not.
""It's about preserving the traditional, historic institution of marriage,"" she said. ""We won't accept any ... bogus ‘marriage by another name' relationships.""
On the other side of the issue, Katie Belanger, executive director of Fair Wisconsin, said she is hopeful that McConkey will succeed in his case.
""We hope that they will see what most people believe, and that is that marriage and civil unions are two different topics,"" Belanger said.
""We're going to be looking very closely at this case, just as everyone else is,"" Belanger said. ""We're very hopeful that they will do the fair thing.""
