McCONKEY v. VAN HOLLEN

No. 2008AP1868.

783 N.W.2d 855 (2010)

2010 WI 57

William C. McCONKEY, Plaintiff-Appellant-Cross-Respondent, v. J.B. VAN HOLLEN, in his role as Attorney General of Wisconsin, Defendant-Respondent-Cross-Appellant.

Supreme Court of Wisconsin.

Decided June 30, 2010.


Attorney(s) appearing for the Case

For the plaintiff-appellant-cross-respondent there were briefs by Lester A. Pines, Tamara B. Packard, and Cullen Weston Pines & Bach LLP, Madison, and Edward S. Marion and Edward S. Marion Attorney-At-Law LLC, Madison, and oral argument by Lester A. Pines.

For the defendant-respondent-cross-appellant the cause was argued by Lewis W. Beilin, assistant attorney general, with whom on the briefs was Raymond P. Taffora, deputy attorney general, and J.B. Van Hollen, attorney general.

An amicus curiae brief was filed by Brian W. Raum, James A. Campbell, and Alliance Defense Fund, Scottsdale, Ariz., and Samuel R. Taylor, Jr. and Samuel R. Taylor Jr. LLC, Kenosha, on behalf of the Wisconsin Family Council.

An amicus curiae brief was filed by William M. Conley, Callie M. Bell, Katherine C. Smith, and Foley & Lardner LLP, Madison, and Laurence J. Dupuis and ACLU of Wisconsin Foundation, Inc., Milwaukee, on behalf of Lambda Legal Defense and Education Fund, Inc., Fair Wisconsin, and ACLU of Wisconsin.

An amicus curiae brief was filed by Matthew W. O'Neill, Sara Elizabeth Dill, and Friebert, Finerty & St. John, S.C., Milwaukee, on behalf of League of Women Voters of Wisconsin Education Fund.

An amicus curiae brief was filed by Michael D. Dean, Michael D. Dean, LLC, and First Freedoms Foundation, Inc., Waukesha, and Richard M. Esenberg, on behalf of Community Leaders Dedicated to Children Raised by Married Mothers and Fathers.


¶ 1 MICHAEL J. GABLEMAN, J.

In November 2006, the people of Wisconsin approved the adoption of the following amendment to the Wisconsin Constitution:

Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.1

¶ 2 In July...

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