Wisconsin Referendum 1

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Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or any substantially similar legal status. The referendum was approved by 59% of voters during the general elections in November 2006.[1] All counties in the state voted for the amendment except Dane County (home of the state capital, Madison), which opposed it.

Amendment[edit]

The text of the adopted amendment, which became Article XIII, Section 13 of the state constitution, reads:

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.[2]

As required by the constitution, the amendment was approved by both houses of the legislature, in two consecutive sessions. The legislative history of the amendment is as follows:

  • December 6, 2005: Approved by the State Senate a second time, by a vote of 19-14.[4]
  • February 28, 2006: Approved by the State Assembly a second time.
  • November 7, 2006: Approved by referendum, by a margin of 59.4%-40.6%.[5]

Legal challenge[edit]

In April 2009 the Wisconsin Supreme Court was asked in McConkey v. Van Hollen to rule on whether the 2006 Referendum 1 was constitutional. William McConkey, a political science instructor, claimed that the measure violated the state's constitution because it proposed more than one question in a single ballot proposal, which is impermissible under Wisconsin law.[6][7][8] On June 30, 2010, the Court ruled that the amendment is constitutional.[9][10] However, on June 6, 2014 the United States District Court for the Western District of Wisconsin overturned all bans on same-sex marriage in the state.[11]

References[edit]

  1. ^ CNN.com Election 2006 - Ballot Measures Accessed 14 December 2006.
  2. ^ "DOMAwatch.org - Wisconsin" Alliance Defense Fund. 2006. Accessed 06 January 2007.
  3. ^ Assembly Joint Resolution 66, Journal of the Wisconsin Senate, March 11, 2004, p. 717. The final vote was taken shortly after midnight on March 12.
  4. ^ Senate Joint Resolution 53, Journal of the Wisconsin Senate, Dec. 6, 2005, p. 488.
  5. ^ Canvass Summary, Wisconsin State Elections Board, Fall General Election, Nov. 7, 2006.
  6. ^ Wisconsin amendment supreme court
  7. ^ Christopher Magnum, Wis. "Supreme Court Hears Gay Marriage Case", Advocate.com, Nov. 3, 2009.
  8. ^ Patrick Marley, "State Supreme Court hears arguments on gay marriage amendment", The Milwaukee Journal Sentinel, Nov. 3, 2009.
  9. ^ Wisconsin Supreme Court Upholds Gay Marriage Ban
  10. ^ Wisconsin Supreme Court upholds gay marriage ban
  11. ^ "Wisconsin's same-sex marriage ban struck down". http://host.madison.com/wsj/news/local/govt-and-politics/wisconsin-s-same-sex-marriage-ban-struck-down/article_d4b76da1-3fc7-5946-9cb2-dc7ea1d81f94.html. 

External links[edit]