This morning we attended the oral arguments before the State Supreme Court on McConkey v. Van Hollen, the procedural challenge to Wisconsin’s Marriage Amendment passed in Nov. 2006 by almost 60% of Wisconsin voters.
The hearing went well over 1 hour, with both sides exceeding their 1/2 hour limit. Atty. Lester Pines spoke first, representing Prof. Bill McConkey and urging the Court to:
1) grant Prof. McConkey standing to bring the case and
2) declare the marriage amendment consists of two subjects instead of one and is thereby in violation of the state constitution.
Assistant Atty. General Lewis Beilin spoke next, representing the Attorney General J.B. Van Hollen for the state, urging the Court to:
1) deny Prof. McConkey standing and
2) recognize that the marriage amendment consists of one subject: “the preservation of the unique and historical status of marriage.” Basically, Atty. Beilin asked the Court to affirm Circuit Court Judge Richard Niess’ holding in favor the amendment’s constitutionality.
More on that later…
In the meantime, the State Assembly met for a few moments today before going into partisan caucus. They did not vote on the “Unhealthy Youth Act” (AB458) before going into caucus so we still do not know the fate of that unfortunate and dangerous bill.