Appling v. Doyle update

Last week, Attorneys Michael Dean (First Freedoms Foundation) and Richard Esenberg, legal counsel for Wisconsin Family Action (WFA) President Julaine Appling, and WFA board members Jerry Hiller and Lee Webster filed with the State Supreme Court a brief that objects to Fair Wisconsin, represented by Lambda Legal; and five lesbian couples, represented by ACLU of WI, becoming intervenors (“third parties”) in the lawsuit that WFA board members have filed against Governor Doyle.   This past Monday, Dean and Esenberg, on behalf of the WFA board members, filed a reply to the Governor’s initial response in this matter.  The Court has not yet indicated whether it will take the case.

This lawsuit alleges that the statewide, same-sex-only domestic partnership registry that the governor authored and eventually signed into law in the state’s new budget violates the constitutional amendment passed by nearly 60% of the voters in November 2006. 

 In a related matter, oral arguments before the WI Supreme Court in McConkey are scheduled for November 3.  McConkey alleges that the marriage amendment deals with two subjects, which, if true, would violate the state constitution.  Wisconsin Family Council is an amicus (“friend of the court”) in that case.  If the court rules that the amendment voted on in November 2006 deals with two subjects, then the amendment in its entirety will be removed from the constitution; and there will be no Defense of Marriage Act protection against the state legislature passing a bill legalizing same-sex “marriage” or against a court mandating same-sex “marriage” in Wisconsin (as has happened in Massachusetts and Iowa).

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