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Saturday, December 1, 2007

The attack on the Wisconsin gay marriage amendment moves forward.

A Wisconsin state court has held that UW polsci prof William McConkey has standing to challenge the ban on gay marriage and civil unions that was added to the state constitution. McConkey argues that the referendum that approved the constitutional amendment violated the state constitutional provision because it contained two questions merged into one. But does McConkey have standing to bring this issue to the court?
McConkey, who described himself as a "Christian, straight, married" father of nine and grandfather of seven when he filed the lawsuit, is not directly affected by the ban on gay marriages or the ban on civil unions. But [his lawyer Lester] Pines argued that the proposed amendment violated the Wisconsin Constitution because voters had to endorse either both concepts in the question or neither, and therefore were deprived of their rights to oppose one or the other.

ADDED: Simon of Stubborn Facts looks at the complaint and makes a strong argument that the McConkey is wrong on the merits of the case.

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