State Supreme Court hears arguments on gay marriage amendment
Nov. 3--MADISON -- The state’s ban on gay marriage should be tossed aside because lawmakers did not take the right steps to amend the Wisconsin Constitution, a lawyer argued Tuesday before the state Supreme Court.
Voters must be asked separately about every change proposed to the constitution, attorney Lester Pines argued. But in 2006 they were asked one question with two parts -- whether the state should ban same-sex marriage and whether it should ban similar arrangements, such as civil unions.
Voters didn’t have a chance to vote “no” to one part and “yes” to the other, so the entire amendment should be thrown out, Pines said.
“This case is about the rights of voters,” Pines said.
But Assistant Attorney General Lewis Beilin told the court the constitution was properly amended because the two parts of the amendment were closely related and part of the same general purpose -- “to preserve the unique status of marriage.”
The court is expected to rule by the summer.

Nov 9, 2009 at 11:06 a.m.
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This issue has already been voted on and it was a no to same sex marriage why are we revisiting it??? I guess if they push it long enough people will just get tired of hearing it and let it pass! Marriage is between a man and a woman, anything else is an abomination so says God. Even if you make it leagal you will still have to answer to a sovereign God.
Nov 8, 2009 at 6:37 p.m.
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I have never come across an application asking me if I was gay nor asking if I was strait evidently potential employers dont care as long as you can do the job,I try to keep my religion to those that choose to listen and I dont flaunt my sexuality by making it a political issue or issues out of it I make an effort to keep that which is no one elses business to my self.If gays want to get married have at it the marrige certificate is only a legal issue you see I got married because I love my wife not for legal issues ,medical benifits or financial gain.
B
Nov 8, 2009 at 7:50 a.m.
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Or are you sticking with "its just wrong." Seems like you would need to back up that statement if you want other people to live their lives according to your opinion of "wrong."
Nov 7, 2009 at 7:17 a.m.
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Why is it perverted? Where do you get that info from common sense. You are taking a very interesting approach to this discussion. I have not heard the common sense arguement that homosexuals are perverted.
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I am going out on a limb here and guess that you believe in the Judeo-Christian god and that what you consider to be common sense has been taught to you since you were a toddler. I will be very interested to see how you can support your perverted statement.
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The list would seem to indicate that the practice is completely common in nature, not perverted whatsoever. So lets hear it Biscuit - support your statement of perversion.
Nov 6, 2009 at 11:56 a.m.
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christianity is not the basis of my arguement just common sense,evidently someone on the gazette staff is gay they wont allow my opinion
B
Nov 6, 2009 at 10:22 a.m.
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Come on the curiosity is killing me! try again B5 but phrase it in a christian way.
Nov 6, 2009 at 8:21 a.m.
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B5-The same can be said about you. Your thinking is "perverted" and you couldn't be more "wrong". Oh, and you still haven't answered my question. Is the only time you ever have sex in order to procreate?
Nov 6, 2009 at 12:52 a.m.
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homosexuals and lesbians have made a choice to become part of a perverted society that should not have any rights especially rights of marriage they are perverted and wrong I vote no and always will.
B
Nov 5, 2009 at 4:21 p.m.
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B5 - I missed that one, can you try again?
Nov 5, 2009 at 11:46 a.m.
Nov 5, 2009 at 8:24 a.m.
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How did you come to judge that it is wrong? On what basis is it wrong?
Nov 4, 2009 at 1:32 p.m.
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ok thanks for the neat list of animals,its not what God or nature had in mind its just wrong and I will still vote no,I dont march around with a sign that says im a heterosexual and dont make it a point for everyone to know my business, would I discriminate? yes cause i dont care about what you choose to be just who you are
B
Nov 4, 2009 at 11:42 a.m.
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Wait a tick....if god used intelligent design to create life, and there is homosexuality in nature, then can he really hate homosexuality? Or does the devil introduce all of these animals to sin?
Nov 4, 2009 at 10:47 a.m.
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First of all we are not addressing animals in regards to marriage and comparing a human person to an animal is wrong.
anotheropinion is totally right, finding someone who you want to commit to for the rest of your life is hard enough. What does it matter if she is with a she or he with a he.
Don't tell me God didn't want it that way. God looks at us each individually, no matter what and cares for each one of us.
Don't quote me from the bible because the book can be taken many ways.
Many don't like what others do and that is LIFE.
Nov 4, 2009 at 8:36 a.m.
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African Buffalo[21]
African Elephant[22]
Agile Wallaby[23]
Amazon River Dolphin(Boto)[19]
American Bison[21][24]
Antelope[25]
Asian Elephant[22]
Asiatic Lion[26]
Asiatic Mouflon[27]
Atlantic Spotted Dolphin[19]
Australian Sea Lion[28]
Barasingha[29]
Barbary Sheep[30]
Beluga[31]
Bharal[32]
Bighorn Sheep[30]
Black Bear[33]
Blackbuck[34]
Black-footed Rock Wallaby[23]
Black-tailed Deer[29]
Bonnet Macaque[14]
Bonobo[35][36][37]
Bottlenose Dolphin[19][38]
Bowhead Whale[19]
Brazilian Guinea Pig[39]
Bridled Dolphin[19]
Brown Bear[33]
Brown Capuchin[40]
Brown Long-eared Bat[41]
Brown Rat[42]
Buffalo[30]
Caribou[43]
Cat (domestic)[44]
Cattle (domestic)[45]
Cheetah[26]
Collared Peccary[46]
Commerson's Dolphin[19]
Common Brushtail Possum[47]
Common Chimpanzee[48]
Common Dolphin[31]
Common Marmoset[49]
Common Pipistrelle[50]
Common Raccoon[51]
Common Tree Shrew[52]
Cotton-top Tamarin[53]
Crab-eating Macaque[14]
Crested Black Macaque[14]
Cui[54]
Dall's Sheep[30]
Daubenton's Bat[41]
Dog (domestic)[55]
Doria's Tree Kangaroo[23]
Dugong[56]
Dwarf Cavy[39]
Dwarf Mongoose[57]
Eastern Cottontail Rabbit[58]
Eastern Grey Kangaroo[23]
Elk[29]
Euro (a subspecies of wallaroo)[23]
European Bison[21]
Fallow Deer[29]
False Killer Whale[19]
Fat-tailed Dunnart[59]
Fin Whale[19]
Fox[60]
Gazelle[25]
Gelada Baboon[61]
Giraffe[25][4][62]
Goat (Domestic)[30]
Golden Monkey[63]
Gorilla[64]
Grant's Gazelle[25]
Grey-headed Flying Fox[41]
Grey Seal[28]
Grey squirrel[65]
Grey Whale[19][66]
Grey Wolf[67]
Grizzly Bear[33]
Guinea Pig (Domestic)[39]
Hamadryas Baboon[68]
Hamster (Domestic)[39]
Hanuman Langur[69]
Harbor Porpoise[70]
Harbor Seal[28]
Himalayan Tahr[71]
Hoary Marmot[72]
Horse (domestic)[73]
Human (see Human sexual behavior)
Indian Fruit Bat[41]
Indian Muntjac[74]
Indian Rhinoceros[75]
Japanese Macaque[14]
Javelina[76]
Kangaroo Rat[42]
Killer Whale[19]
Koala[77]
Kob[78][79]
Larga Seal[28]
Least Chipmunk[80]
Lechwe[81]
Lesser Bushbaby[82]
Lion[26][83][84][85][86][87]
Lion-tailed Macaque[14]
Lion Tamarin[88]
Little Brown Bat[41]
Livingstone's Fruit Bat[41]
Long-eared Hedgehog[89]
Long-footed Tree Shrew[90]
Macaque[91]
Markhor[92]
Marten[93]
Matschie's Tree Kangaroo[23]
Moco[94]
Mohol Galago[82]
Moor Macaque[14]
Moose[95]
Mountain Goat[30]
Mountain Tree Shrew[96]
Mountain Zebra[97]
Mouse (domestic)[98]
Moustached Tamarin[99]
Mule Deer[29]
Musk-ox[100]
Natterer's Bat[41]
New Zealand Sea Lion[28]
Nilgiri Langur[101]
Noctule[102]
North American Porcupine[103]
Northern Elephant Seal[28]
Northern Fur Seal[28]
Northern Quoll[104]
Olympic Marmot[105]
Orangutan[106]
Pacific Striped Dolphin[19]
Patas Monkey[107]
Pere David's Deer[29]
Pig (Domestic)[108]
Nov 4, 2009 at 8:34 a.m.
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Also Biscuit there are many examples of homosexual behavior in other mammals. God mentioned he was going to burn allthose animals alive in hell for all etenity once they die though so they should really stop.
Nov 4, 2009 at 7:53 a.m.
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Biscuit5-First of all I don't put humans in the same category as animals/mammals so that was a pretty bad analogy. Secondly, are you telling me that the only time you have sex is to procreate??? I highly doubt that.
Nov 3, 2009 at 10:39 p.m.
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It is so simple,the rules were not written with homosexuality or lesbianism in mind. are there any other animals or mammals other than nightcrawlers that are gay or lesbian? and as far as I knew sex was for procreation not recreation
I would vote "no"
B
Nov 3, 2009 at 10:33 p.m.
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Copperguy;
I'll accept the last part of your reply "There is no language in the US Constitution similar to that in the Wisconsin Constitution..." and concede, especially since the primary topic is of no consequence to me because I haven't lived in WI for 20-some years. However, the voters for US amendments (yes the legislators are the voters) still must vote for or against the amendment(s) in their entirety. I originally missed the fact that it was state supreme court.
Nov 3, 2009 at 9:54 p.m.
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oops. This one should work:
http://sc-media.wicourts.gov/sc-media/08...
Nov 3, 2009 at 9:54 p.m.
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I have the same question as booch11. It's so tangential to most topics that it looks like trolling to me (poisoning discussion).
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In any case, this question before the court regards the STATE Constitution -- which can be amended by voters via referendum. The First Amendment, establishment clause, or any other, would only apply if there were a compelling federal interest in the matter. At this level of litigation, the state Supreme Court may or may not turn to US constitutional law to reach a decision, but in any case are bound to interpret and rule on the basis of the one before them, our state constitution.
Nov 3, 2009 at 9:48 p.m.
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Here's a link to the audio of today's Supreme Court arguments, if anyone's interested.
mms://sc-media.wicourts.gov/sc-media/08AP1868.wma
Nov 3, 2009 at 9:44 p.m.
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jaf2: You stated, "because voters could not choose between the establishment clause and free expression clause?" Again, voters did not choose either. Voters chose their legislators, and those LEGISLATORS (for emphasis, not yelling) voted for the amendments. There is no language in the US Constitution similar to that in the Wisconsin Constitution that is the basis of McConkey's appeal.
Nov 3, 2009 at 8:47 p.m.
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NVgrf,
what exactly is it you are adding to this or any other discussion? is that all you can type?
Nov 3, 2009 at 8:45 p.m.
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Don't believe I mentioned anything about a ballot box. It is still voted on by members of each states' legislature, which is representative of the people who did put them there at...um...the ballot box. A vote is a vote, whether by each elector individually or by a representative of the same.
Nov 3, 2009 at 8:27 p.m.
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jaf2: Try another approach. The US Constitution is not amended at the ballot box. Maybe try reading it some time.
anotheropinion: Excellent point. Seems to me you have a solid grasp of what true conservatism really means.
Nov 3, 2009 at 8:16 p.m.
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does this argument invalidate the first amendment, because voters could not choose between the establishment clause and free expression clause? or for that matter of the entire religion question from the general free speech, free press, or right to assemble? Be careful which can of worms you choose to open based on lame---REALLY lame---"reasoning".
Nov 3, 2009 at 7:49 p.m.
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anotheropinion: It doesn't when you can think logically. But, when you bring your particular brand of religon into the mix, it becomes very complicated.
Nov 3, 2009 at 7:46 p.m.
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Why is everyone so polarized about this issue? As a true conservative, government has no business telling people who they can and cannot marry. Two consenting adults...OK by me. Let's move on...love is where you find it. Oh for the record, I am a man who is married to a wonderful women and I have two great kids. As married folks know, it takes a lot of work to make a marriage thrive. So if you have found someone who you want to marry, more power to you! What difference does it make if you are both XX or XY?
Nov 3, 2009 at 7:44 p.m.
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It's all Obama's fault!
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