WISCONSIN: Second Marriage Suit Filed

A Wisconsin lesbian couple has filed a marriage equality lawsuit directly with the state Supreme Court.

According to court documents, plaintiffs Katherine and Linda Halopka-Ivery of Milwaukee County said the case should go directly to the Supreme Court because the issue of the constitutionality of the ban is one of great public interest (or “publici juris”). This means the Supreme Court has the right to take original jurisdiction on the matter. Attorney General J.B. Van Hollen said he would defend the ban in court. “As Attorney General, I have defended, and will continue to defend, the laws and the Constitution of the State of Wisconsin,” Van Hollen said in a statement. “That’s my job.”  The couple was legally married in California, but their marriage is not recognized by the state of Wisconsin due to the gay marriage ban. They will be represented by Milwaukee-based Attorney Paul Ksicinski. The couple could face criminal charges under the state’s gay marriage ban, which not only prevents the recognition of same-sex “civil unions similar to marriage,” but also criminalizes leaving the state to get married in a state where gay marriage is legal.

Wisconsin's first marriage lawsuit was filed in February by the ACLU.