Despite the outcome of the referendum, which proposes banning gay marriage, the issue will most likely be resolved in the court system, rather than after the Nov. 7 election.
""I think no matter what happens with the vote ... there will probably be challenges in federal court,"" said Sam Gold, a non-partisan equal rights attorney.
Depending on voting results, supporters and opponents of the amendment both have reasons to bring the issue to federal courts. If the gay marriage amendment passes, opponents will likely challenge the constitutionality of the amendment in the federal system in an effort to have it invalidated.
""I think everyone is fairly in agreement that this is going to get thrown into the courts,"" Todd Allbaugh, communications director for Sen. Dale Schultz, R-Richland Center, said. ""At some point the court is going to have to interpret this amendment if it passes.""
According to state Rep. Spencer Black, D-Madison, the passage of the amendment would have no immediate legal impact on gay rights since Wisconsin statutes forbid same-sex marriage. But if Wisconsin citizens vote against the amendment, it could lead to increased rights for gay couples in the future.
""In and of itself [the failure to pass the amendment] does not create any rights but it does leave the door open for future legislation,"" Black said. Though, he adds, it may also require a change in the make up legislature.
UW-Madison Law professor Ann Althouse said she agrees court litigation will follow the referendum vote.
""I think that it is likely enough that those who want to prevent gay marriage are right to support the amendment and right to think that they need the amendment to do what they want,"" Althouse said.
If the amendment is not passed, the legislature can make efforts to change Wisconsin statutes making it legal for same-sex couples to marry, she said.
This could lead to supporters challenging legislation based on federal law or finding other means to prevent same-sex marriages.
According to Allbaugh, there are no other follow-up measures being made in the event that the referendum does not pass. ""There's no plan B at this point,"" he said. ""But it is too early to determine any further action,"" he added.
