Lawsuit asks state Supreme Court to strike down gay marriage ban - WKOW 27: Madison, WI Breaking News, Weather and Sports

Lawsuit asks state Supreme Court to strike down gay marriage ban

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MADISON (WKOW) -- A same-sex couple has filed a lawsuit directly with the Wisconsin Supreme Court asking justices to strike down the state's gay marriage ban.

Katherine Halopka-Ivery and Linda Halopka-Ivery filed the suit Wednesday, bypassing the trial and appellate courts.

The lawsuit says the couple lives in Milwaukee County and was married in San Diego. They allege Wisconsin's gay marriage ban denies them federal rights afforded to opposite-sex married couples, violating their rights to equal protection and due process. They also claim the state is improperly restricting gay marriage based on religious opposition to same-sex marriages.

A separate lawsuit is challenging the ban is pending in federal court in Madison.

The state Justice Department is defending the state in both lawsuits, but declined to comment on them.

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