Federal Judge Overturns Wisconsin's Same-Sex Marriage Ban
Source: WTMJ
Judge overturns Wisconsin's same-sex marriage ban
James Kust
CREATED 3:29 PM - UPDATED: 3:49 PM
MADISON - A federal judge has ruled that Wisconsin's ban on same-sex marriage is unconstitutional.
Wisconsin's voters passed a constitutional ban against same-sex marriages in 2006, but the American Civil Liberties Union, the ACLU of Wisconsin, and the law firm of Mayer Brown filed a lawsuit on behalf of eight Wisconsin couples challenging the ban.
Part of Friday's ruling reads:
"It is DECLARED that art. XIII, § 13 of the Wisconsin Constitution violates plaintiffs' fundamental right to marry and their right to equal protection of laws under the Fourteenth Amendment to the United States Constiution."
The state motioned to stay the case in March and to dismiss it in April, but both motions were denied. It's not yet clear when same-sex marriages will be able to be performed in Wisconsin.
Read more: http://www.jrn.com/tmj4/news/Judge-overturns-Wisconsins-same-sex-marriage-ban-262161101.html?lc=Smart
Jimbo S
(2,960 posts)iandhr
(6,852 posts)Swede Atlanta
(3,596 posts)This nation is moving in the right direction.
I think the Court is going to have a hard time avoiding ruling on the constitutionality of state statutes and constitutional amendments to prohibit same-gender couples from marrying.
In the California case they were able to avoid making that call because they simply ruled that the parties appealing a U.S. District Court judge's holding of unconstitutionality to the 9th Circuit lacked standing to defend it. The state of California was no longer defending the constitutional amendment in court.
The broad array of cases pending before U.S. District Courts and now on appeal before the various Circuit Courts make dodging this issue much more difficult for the justices. They are likely going to have to rule on this and I think it could come as soon as the next term of the court when it convenes in October.
lancer78
(1,495 posts)if all the circuit courts are unanimous in their rulings for gay marriage, the supreme court is not obligated to take up the case. They seem to take up cases that different circuit courts have different rulings on.
Initech
(100,139 posts)There is no better time! We're seriously close to having 2/3 of the states needed to justify an equal rights amendment being passed. Come on Obama! At the very least propose one!
Swede Atlanta
(3,596 posts)Keep in mind that "family law", that broad body of law that governs marriage, divorce, adoption, child custody, etc. are historically matters of state law.
The only reason this is coming under federal review is the "equal protection" and "due process" provisions in the federal constitution.
And keep in mind that all Amendments to the U.S. Constitution define limitations on the power of the federal government with few exceptions.
I am fine to see this progress as challenges to these state laws and constitutional amendments under equal protection and due process.
Archae
(46,373 posts)Or will they do what "popular" as usual, like with anti-racism laws?
PeaceNikki
(27,985 posts)And Cher is in town!!!!!!
Epic.
I'm in tears.
snacker
(3,619 posts)Half-Century Man
(5,279 posts)I moved here in 1996 due to taking a job in Beloit. One thing that struck me the first few months here was; I met a significant number of openly gay persons here. At far greater ratio than anywhere else I have ever been. People who, in the early stages of meeting me, insisted I recognize their partner preference.
I know that the ratio of same sex/alternate sex preference is the same all over. The ratio of closeted to free, here in the sleepiest part of the midwest, at that time, was surprising.
At the time, I put it down as a "Wisconsin thing" and promptly stopped paying attention to it.
It never occurred to me that Wisconsin; with it's citizens apparent acceptance of openly homosexual persons as normal; would deny them the right to be married. The fact that in the nationally sweeping movement for sex marriages; Wisconsin with it's people out so early (at least from my prospective), is one of the last hold outs is appalling.
My Representative (Mark Pocan (D) 2nd district) is gay and married (in Canada in 2006 to Philip Frank). In the Democratic primary, he won with 74.6% of the vote. In the general election for congress he trounced his re-thug-lacan opponent by 34 points. In 2012 Mr. Frank received his congressional spouse ID card, it was the first ever issued to a same sex spouse.
Here in Wisconsin, at this moment, it's Congressional Representative for the Second District, who won by large margins, cannot get his marriage recognized.
PeaceNikki
(27,985 posts)The marriage ban law passed because it was so confusing and poorly written. Honestly, I know people who thought they were voting against a ban. Ignorant, I know, but still...
Howdy, neighbor!!
Half-Century Man
(5,279 posts)riversedge
(70,441 posts)ballot writing. I remember several people calling me and asking about it before they voted and also recall folks saying afterwards they voted for it but did not mean to. I was just worded so so so wrong.
nomorenomore08
(13,324 posts)So I suppose the social climate has been favorable for a long time, more so even than in my native CA.
geomon666
(7,512 posts)Wisconsin, welcome to....
Half-Century Man
(5,279 posts)If I'm ever invited to a gay marriage, do I need the costume, chainsaw, or both?
geomon666
(7,512 posts)to have the chainsaw, especially if there are protesters there.
mnhtnbb
(31,415 posts)Hoping it is recognized soon here in North Carolina.
We could really stand telling the bigots to find someone else to hate. Maybe take a
look in the mirror?
undeterred
(34,658 posts)County Clerk is open till 9 tonight and people are lined up! Open tomorrow 9am-5pm!
PeaceNikki
(27,985 posts)And Mke is only taking Mke residents.
undeterred
(34,658 posts)I'm sure we'll hear from Wanker tonight.
PeaceNikki
(27,985 posts)But hasn't according to what I've read.
undeterred
(34,658 posts)Wisconsin Attorney General J.B. Van Hollen has asked a federal judge to issue an emergency order halting gay marriages.
U.S. District Judge Barbara Crabb struck down Wisconsin's ban on gay marriage Friday. Within hours, clerks in Madison and Milwaukee began issuing marriage licenses to same-sex couples. But there's confusion over whether Crabb's order also halted enforcement of the ban since she gave both sides more time to describe exactly what they wanted her to block.
Van Hollen has promised to appeal the decision. He asked Crabb on Friday evening for an emergency ruling preserving the ban until she clarifies her ruling, saying confusion and uncertainty is resulting and the status quo must be preserved.
http://abcnews.go.com/US/wireStory/judge-strikes-wisconsin-gay-marriage-ban-24035296
Just happened.
cosmicone
(11,014 posts)meeting surreptitiously in the shadows!
warrant46
(2,205 posts)He is sending his Justice dept thugs to Chicago to get George Bush's 7th Circuit to set the order aside.
Tea party activist and WORTHLESS LIFE TIME JUDGE Diane Sikes will probably torpedo this
STAY IN TOUCH !!
Timez Squarez
(262 posts)*DENIED* *DENIED* *DENIED*
And turn in your law license, Van Hollen. You have no standing before ANY court in the country.
Van Hollen is a criminal along with Walker and the rest of the Koch ilk.
warrant46
(2,205 posts)Van Hollen a Disgusting waste of Oxygen