Court says Wisconsin’s Marriage Protection Amendment is unconstitutional
MADISON—Today the 7th Circuit Court of Appeals struck down Wisconsin’s Marriage Protection Amendment, ruling it unconstitutional, just nine days after oral arguments.
“We are deeply disappointed but not surprised at this ruling,” said Wisconsin Family Action President Julaine Appling. We knew we had the most liberal panel of judges on the 7th Circuit. When they denied the state’s request to have the case heard before all ten judges on the court, we pretty much knew what to expect.”
The 7th Circuit Court of Appeals heard oral arguments on Wisconsin’s marriage protection amendment and Indiana’s marriage law last Tuesday in Chicago.
“I was in the courtroom last Tuesday. I knew then what the outcome was going to be. Judge Posner in particular made his opinion quite clear. His clarity took a backseat only to his sarcasm,” Appling noted.
The opinion affirmed District Judge Barbara Crabb’s ruling and judgment, which means that the stay on removing the amendment remains in place while the case works its way through the appeals process. Wisconsin Attorney General JB Van Hollen has publicly indicated that the state will appeal the ruling to the US Supreme Court.
Twenty states have had similar rulings. Already the 4th, 6th and 10th Circuit Courts of Appeal are either petitioning the US Supreme Court to take their cases or will be soon.
“We’ve known all along these cases from all across the country would end up at the US Supreme Court. Apparently the 7th Circuit wants to get in at the front of the line on that process,” Appling commented.
Yesterday a federal judge in Louisiana issued a ruling affirming that state’s marriage protection amendment.
Appling commented, “We finally have a federal judge with courage, common sense and an understanding of the law—one that is not in the pocket of a small minority of people that are determined to redefine and thereby deconstruct society’s most important institution. That’s hopeful as we head to the highest court in the land.
“The struggle to preserve and protect traditional marriage is far from over. This ruling does not change the fact that a marriage of one man and one woman is the healthiest, most prosperous, and most stable place not only for the man and woman but also for the children they may bring into the world. The ruling is a denial of reality. While every marriage may not have children, every child has both a mother and father. This ruling denies children of either a mother or a father. Our organization will continue to aggressively take the message everywhere across this state that marriage between a man and woman is good not only for the individuals in a given marriage, but is also good for Wisconsin,” Appling concluded.
