Madison (WKOW) -- from WI Dept. of Justice: Attorney General J. B. Van Hollen Friday filed a brief in the Wisconsin Court of Appeals asking the court to support the recent legal battle over 2006's marriage amendment ballot question.
At issue before the Court of Appeals is whether the marriage amendment as submitted to and approved by the voters during the November 2006 elections met the State Constitution's requirements for amending the Constitution.
In the circuit court, Judge Niess found that the marriage amendment ballot question did not violate the constitutional requirement that each ballot question contain only one amendment.
Judge Niess found that the question was a single amendment because that the propositions contained in the text related to the same subject matter and were designed to accomplish the same general purpose.
In response to McConkey's appeal, Van Hollen has asked the Court of Appeals to affirm Judge Niess's holding.
Van Hollen has also cross-appealed from Judge Niess's partial denial of a motion to dismiss McConkey's case.
Van Hollen argued in the circuit court that McConkey was not personally injured by any alleged failure to present the propositions as separate questions, and therefore lacks standing to litigate the claim.
Judge Niess held that McConkey did have standing to pursue his claim, and Van Hollen has asked the Court of Appeals to reverse that decision.
Assistant Attorney General Lewis Beilin represents the state in this appeal.