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06/30/2010

The 'how' approved in WI; the 'what' will inevitably fail everywhere

by Jeremy Hooper

Wisconsin court, 7-0:

The court rejected a lawsuit that claimed the amendment violated a rule that limits referendum questions to a single subject. The lawsuit, filed by a voter opposed to the amendment, argued that gay marriage and civil unions were two different subjects.
Wisconsin Supreme Court upholds gay marriage ban [AP via WaPo]

Not surprising, really. This "single subject" question is basically the same grounds on which the CA Supreme court upheld Prop 8. It's not the more fundamental question: Whether or not this and EVERY state constitutional amendment is legally kosher under the law. That's where we will (and should) win.

So don't let Maggie Gallagher's inevitable celebrations deter you, kiddies. The technical question of whether or not a certain referendum was carried out in the right way is important to the process and certainly worthy of discussion. But a "yes!" nod should actually light a fire under our side's more powerful and prevailing case, not the "NO!" side's intrinsically flawed effort.

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