Wis. Couple Asks Supreme Court to Nix Marriage Ban
A same-sex couple has asked the Wisconsin Supreme Court to strike down the state’s gay marriage ban.
Katherine Halopka-Ivery and Linda Halopka-Ivery filed a lawsuit directly with the high court Wednesday, bypassing the trial and appellate courts.
The lawsuit says the couple lives in Milwaukee County and 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 argue the state is improperly restricting gay marriage based on religious opposition to same-sex marriages.
An American Civil Liberties Union lawsuit challenging the ban is already pending in federal court in Madison.
The state Justice Department is defending the state in both lawsuits. A DOJ spokeswoman didn’t immediately return a message.