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Hissyspit

(45,788 posts)
Fri Jun 6, 2014, 04:53 PM Jun 2014

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

28 replies = new reply since forum marked as read
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Federal Judge Overturns Wisconsin's Same-Sex Marriage Ban (Original Post) Hissyspit Jun 2014 OP
woo hoo! Jimbo S Jun 2014 #1
Another small step for equality iandhr Jun 2014 #2
Another domino falls....... Swede Atlanta Jun 2014 #3
Not really lancer78 Jun 2014 #24
We need a national amendment now! Initech Jun 2014 #4
Why do we need an amendment? Swede Atlanta Jun 2014 #5
Can we really trust "the states" to do what is right? Archae Jun 2014 #11
They announced this LITERALLY after the gates at Pride Fest Milwaukee opened. PeaceNikki Jun 2014 #6
How wonderful! snacker Jun 2014 #8
Kick! Cha Jun 2014 #7
Personal experience in Wisconsin. Half-Century Man Jun 2014 #9
Mark Pocan is awesome. PeaceNikki Jun 2014 #10
Smoke and mirrors are a Rethuglican strategy. Half-Century Man Jun 2014 #19
It was a very confusing riversedge Jun 2014 #28
I believe WI was the first state - in 1979 - to pass a ban on anti-gay discrimination. nomorenomore08 Jun 2014 #26
Another one bites the dust! geomon666 Jun 2014 #12
Now I'm confused Half-Century Man Jun 2014 #20
No, but it might help geomon666 Jun 2014 #25
Thank goodness for equal protection and due process. mnhtnbb Jun 2014 #13
Happy couples are buying marriage licenses and getting married in downtown Madison! undeterred Jun 2014 #14
Milwaukee, too. Waukesha is closed and goes to voice mail. PeaceNikki Jun 2014 #15
AG Van Hollen just filed an emergency motion to "stay" the decision undeterred Jun 2014 #16
no, he hasn't yet. he said he would. PeaceNikki Jun 2014 #18
Wisconsin AG Seeks Stay Halting Gay Marriages undeterred Jun 2014 #22
So now Scott Walker can officially marry David Koch instead of cosmicone Jun 2014 #17
Actually Tea Party activist and scumbag Atty General J. B. Van Hollen is appealing TONIGHT warrant46 Jun 2014 #21
DENIED. Timez Squarez Jun 2014 #23
They are bought and paid trolls doing the Koch bidding. warrant46 Jun 2014 #27
 

Swede Atlanta

(3,596 posts)
3. Another domino falls.......
Fri Jun 6, 2014, 05:06 PM
Jun 2014

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)
24. Not really
Fri Jun 6, 2014, 08:38 PM
Jun 2014

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

(100,070 posts)
4. We need a national amendment now!
Fri Jun 6, 2014, 05:30 PM
Jun 2014

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)
5. Why do we need an amendment?
Fri Jun 6, 2014, 05:36 PM
Jun 2014

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

(46,327 posts)
11. Can we really trust "the states" to do what is right?
Fri Jun 6, 2014, 06:25 PM
Jun 2014

Or will they do what "popular" as usual, like with anti-racism laws?

PeaceNikki

(27,985 posts)
6. They announced this LITERALLY after the gates at Pride Fest Milwaukee opened.
Fri Jun 6, 2014, 05:37 PM
Jun 2014

And Cher is in town!!!!!!

Epic.

I'm in tears.

Half-Century Man

(5,279 posts)
9. Personal experience in Wisconsin.
Fri Jun 6, 2014, 06:10 PM
Jun 2014

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)
10. Mark Pocan is awesome.
Fri Jun 6, 2014, 06:13 PM
Jun 2014

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!!

riversedge

(70,214 posts)
28. It was a very confusing
Sat Jun 7, 2014, 07:28 AM
Jun 2014

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)
26. I believe WI was the first state - in 1979 - to pass a ban on anti-gay discrimination.
Fri Jun 6, 2014, 09:27 PM
Jun 2014

So I suppose the social climate has been favorable for a long time, more so even than in my native CA.

mnhtnbb

(31,388 posts)
13. Thank goodness for equal protection and due process.
Fri Jun 6, 2014, 06:42 PM
Jun 2014

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)
14. Happy couples are buying marriage licenses and getting married in downtown Madison!
Fri Jun 6, 2014, 07:02 PM
Jun 2014

County Clerk is open till 9 tonight and people are lined up! Open tomorrow 9am-5pm!



undeterred

(34,658 posts)
16. AG Van Hollen just filed an emergency motion to "stay" the decision
Fri Jun 6, 2014, 07:11 PM
Jun 2014

I'm sure we'll hear from Wanker tonight.

undeterred

(34,658 posts)
22. Wisconsin AG Seeks Stay Halting Gay Marriages
Fri Jun 6, 2014, 07:53 PM
Jun 2014

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)
17. So now Scott Walker can officially marry David Koch instead of
Fri Jun 6, 2014, 07:17 PM
Jun 2014

meeting surreptitiously in the shadows!

warrant46

(2,205 posts)
21. Actually Tea Party activist and scumbag Atty General J. B. Van Hollen is appealing TONIGHT
Fri Jun 6, 2014, 07:34 PM
Jun 2014

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)
23. DENIED.
Fri Jun 6, 2014, 08:12 PM
Jun 2014

*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.

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