Kind of like beating a dead horse.
MADISON -- The Wisconsin Supreme Court agreed Thursday to decide whether the state's 2006 ban on gay marriage was properly put to voters.
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Fair Wisconsin, the state's largest gay rights group, praised the court's decision to take the case.
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A spokesman for Republican Attorney General J.B. Van Hollen pledged a vigorous legal defense of the amendment, which was approved by nearly 60 percent of voters."We have defended the voter's choice, and we will continue to do so," Bill Cosh said.A ruling striking down the amendment would not legalize same-sex marriage because state law still defines marriage as a union between husband and wife. However, it could pave the way for lawmakers to eventually allow it, or for advocates to file lawsuits seeking that right.
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In his ruling last year, Dane County Circuit Judge Richard Niess said McConkey could sue. But he ruled the two clauses in the referendum question were "two sides of the same coin" and properly decided with one vote."They clearly relate to the same subject matter and further the same purpose: the preservation and protection of the unique and historical status of traditional marriage," he said in a ruling from the bench.
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