Same-sex couples brought action against Governor of Wisconsin and various state officials challenging constitutionality of amendment to Wisconsin constitution prohibiting same-sex marriage. Defendants moved to dismiss and plaintiffs moved for summary judgment. Held: (1) fundamental right to marry under Due Process Clause encompassed right of individuals to marry someone of same sex; (2) marriage amendment and relevant statutes were subject to heightened scrutiny; (3) heightened scrutiny applies to equal protection claims involving sexual orientation discrimination; and (4) marriage amendment did not further legitimate state interest.
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.
