Though it won't legalize gay marriage in the state, the Wisconsin State Supreme Court will review the legality of the gay marriage ban, passed in 2006 by a statewide referendum vote.
Under state constitutional law, a constitutional amendment must be passed by two consecutive sessions of the state legislature, after which the measure must be approved by a majority of the citizenry. As an added requirement, the amendment in question must only contain one provision to be decided upon.
The state ban on gay marriage had two provisions: first, it asked whether gay marriage should be banned; second, it asked whether government-endorsed unions between same-sex couples should also be banned, effectively making civil unions a non-option as well.
The Supreme Court must overturn the ban on gay marriage for two reasons: first, the ban was passed with two provisions placed before the people, and failed to take into account those who supported one provision but not the other. And second, the ban is unjust in that it unfairly denies couples their right to wed one another.
The State Supreme Court should overturn the ban, and state legislators should write legislation allowing gay and lesbian couples the right to be recognized as domestic partners, or better yet, married.
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