View area storm coverage and share your photos.

Lawyer: California ruling won't affect challenge to gay marriage ban here

Judith Davidoff  —  5/15/2008 5:00 pm

Though hailed as a major gay rights victory, Thursday's ruling by the California Supreme Court overturning that state's gay marriage ban will likely have no effect on the current challenge to Wisconsin's gay marriage ban, says a local attorney working on the case.

"It has no bearing," said Tamara Packard, who is one of the attorneys representing William McConkey, a college instructor who filed suit against the state in July saying Wisconsin's constitutional ban on gay marriage -- passed in November 2006 -- violates the equal protection clause of the U.S. Constitution.

In November, Dane County Circuit Court Judge Richard Niess rejected a motion by the state to dismiss the case and ruled that McConkey, though not a gay man himself, has legal standing to file the challenge.

The legal question that is now pending is whether the referendum question posed to voters in 2006 essentially asked two questions in one, which violates another section of Wisconsin's constitution.

Regardless of direct legal impact, however, anytime the largest state in the country does something significant it has national implications, says Glenn Carlson, executive director of Fair Wisconsin, a statewide gay rights organization.

"Things that happen in California seem to make news and have a ripple effect across the country," Carlson said. "We will keep a close eye on it."

In overturning California's voter-approved state law banning gay marriage, the California Supreme Court clears the way for gay and lesbian marriages, making it only the second state in the nation to allow such unions.

In its 4-3 ruling, the justices said domestic partnerships are not an adequate substitute for marriage. Chief Justice Ron George wrote the opinion.

The city of San Francisco, two dozen gay and lesbian couples and gay rights groups sued in March 2004 after the court halted San Francisco's monthlong opening to issue marriage licenses to same-sex couples.

"Today the California Supreme Court took a giant leap to ensure that everybody -- not just in the state of California, but throughout the country -- will have equal treatment under the law," said City Attorney Dennis Herrera, who argued the case for San Francisco.

The challenge for gay rights advocates, however, is not over.

A coalition of religious and social conservative groups is attempting to put a measure on the November ballot that would enshrine laws banning gay marriage in the state constitution.

The Secretary of State is expected to rule by the end of June whether the sponsors gathered enough signatures for the measure to be put to voters.

If voters pass the measure in November, it would trump the court's decision.

The conservative Alliance Defense Fund says it plans to ask the justices for a stay of their decision until after the fall election, said Glen Lavey, senior counsel for the group.

Gov. Arnold Schwarzenegger, who has twice vetoed legislation that would have granted marriage rights to same-sex couples, said in a news release that he respected the court's decision and "will not support an amendment to the constitution that would overturn this state Supreme Court ruling."

The Associated Press contributed to this story.

Judith Davidoff  —  5/15/2008 5:00 pm