Same-sex couples brought action challenging constitutionality of Indiana statute and amendment to Wisconsin’s constitution banning same-sex marriage. Held: (1) Indiana statute banning same-sex marriage bore no rational relationship to legitimate state interest in enhancing child welfare; (2) amendment to Wisconsin constitution banning same-sex marriage did not further state interest in tradition; (3) amendment did not further state interest in acting deliberately and with prudence, or at the very least, gathering sufficient information; and (4) amendment did not further state interest in leaving decision as to whether to permit or forbid same-sex marriage to democratic process.
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com