Wisconsin’s constitutional ban on same-sex marriage could be the platform from which the U.S. Supreme Court rules on the issue for the entire nation, according state Attorney General J.B. Van Hollen.
Van Hollen submitted a writ of certiorari to the High Court Tuesday, asking the justices to overturn last week’s decision in a federal appeals court that Wisconsin’s ban violates the Equal Protections Clause of the 14th Amendment of the Constitution. Van Hollen said he is confident the Court will rule on the issue in its next term.
In the appeal Van Hollen argues the Supreme Court must adopt Wisconsin’s case to settle confusion for the same-sex couples who married immediately after a federal judge initially struck down the law.
“The marriage amendment referendum, voted for by 1,264,310 Wisconsin residents—over 59% of voters—was an act of a functioning democracy,” state attorneys wrote.
In 2006 Wisconsin ratified its constitutional amendment that defined marriage as being between a man and a woman, following a successful public referendum and approval by the state Legislature.
Wisconsin’s same-sex marriage law was the first to be struck down on the basis of the Equal Protections Clause after plaintiffs argued the law deprived same-sex individuals of their right to life, liberty and property. David Canon, a political science professor at the University of Wisconsin-Madison, said last week this makes the state’s case an ideal and likely candidate for Supreme Court review.
“Having [Federal Appeals Court Judge] Richard Posner write the decision is very significant,” Canon said. “I think this will become the basis of an eventual Supreme Court decision on this with the majority probably being written by Justice [Anthony] Kennedy.”
Canon said the High Court will “certainly” rule on the issue of same-sex marriage this term. The Court will also consider appeals from four other states on the same issue. No federal appeals court has ruled against same-sex marriage.
The nine Supreme Court justices will review cases to accept in their next term, beginning Sept. 29. Four justices must vote to take up a case for the court to decide on it.
