Gay men and women were not the only ones whose rights were violated when Wisconsin voters approved the ban on same-sex marriage and civil unions last year.
University of Wisconsin-Oshkosh professor William McConkey filed a lawsuit in July stating the amendment forced voters to answer two questions with one answer, which violates the section of the state Constitution that says people must have the opportunity to vote on questions separately when amending the Constitution.
A Dane County circuit judge gave the case a go-ahead Nov. 28 after a challenge by the state to dismiss it on the grounds that McConkey suffered no harm as result of the resolution.
The state made a weak argument that McConkey, who describes himself as heterosexual, Christian and married, suffered no harm as a result of the amendment. In contrast, Dane County Circuit Judge Richard Niess was spot on when he told The Capital Times, Voting is the very bedrock, the very lifeblood of the democracy we have,"" and that it needs to be protected ""above all.""
Same-sex marriage and civil unions should not have been lumped together in the amendment because with this issue, the debate hinges on whether gay men and women can call their unions marriage.
Because of this, the amendment should be stricken from the Constitution. Once this is done, Wisconsin residents need to vote against reinstating the law in the form of two referendums.
Gay men and women should be entitled to the same marriage rights as heterosexual residents. Giving them anything less denies them full Wisconsin citizenship.
