Wednesday, June 30, 2010

Decision in 'McConkey v. Van Hollen' 2010 WI 57

Marriage Amendment Was Validly Enacted, by Rick Esenberg at Shark and Shepherd

Wisconsin constitution constitutional, by Thomas Foley at Illusory Tenant

Wisconsin’s constitutional marriage amendment survives procedural challenge, by Joe Forward, State Bar of Wisconsin

Wisconsin Supreme Court decision today in this case (2008AP1868) on certification from the Court of Appeals. See Argument.

Opinion by Justice Gableman for a unanimous court.
¶5 Though the precise nature of McConkey's alleged injury is difficult to define, we conclude that the policy considerations underlying our standing doctrine support addressing the merits of McConkey's claim, which we therefore choose to do.

¶6 We hold that Article XIII, Section 13 of the Wisconsin Constitution——the marriage amendment——was adopted in conformity with the separate amendment rule in Article XII, Section 1 of the Wisconsin Constitution, which mandates that voters must be able to vote separately on separate amendments. Both sentences of the marriage amendment relate to marriage and tend to effect or carry out the same general purpose of preserving the legal status of marriage in Wisconsin as between only one man and one woman.