Wisconsin Referendum 1
      
Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or any substantially similar legal status. The referendum was approved by 59% of voters during the general elections in November 2006.[1] All counties in the state voted for the amendment except Dane County (home of the state capital, Madison), which opposed it. The constitutional amendment created by Referendum 1 has been effectively nullified since June 26, 2015, when the United States Supreme Court ruled in Obergefell v. Hodges that state-level bans on same-sex marriage are unconstitutional.[2]
Amendment
The text of the adopted amendment, which became Article XIII, Section 13 of the state constitution, reads:
| “ | Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.[3] | ” | 
As required by the constitution, the amendment was approved by both houses of the legislature, in two consecutive sessions. The legislative history of the amendment is as follows:
- March 5, 2004: Approved by Wisconsin State Assembly by a vote of 68-27.
- March 12, 2004: Approved by Wisconsin State Senate by a vote of 20-13[4]
- December 6, 2005: Approved by the State Senate a second time, by a vote of 19-14.[5]
- February 28, 2006: Approved by the State Assembly a second time.
- November 7, 2006: Approved by referendum, by a margin of 59.4%-40.6%.[6]
Legal challenge
In April 2009 the Wisconsin Supreme Court was asked in McConkey v. Van Hollen to rule on whether the 2006 Referendum 1 was constitutional. William McConkey, a political science instructor, claimed that the measure violated the state's constitution because it proposed more than one question in a single ballot proposal, which is impermissible under Wisconsin law.[7][8][9] On June 30, 2010, the Court ruled that the amendment is constitutional.[10][11] However, on June 6, 2014 the United States District Court for the Western District of Wisconsin overturned all bans on same-sex marriage in the state.[12] On October 6, 2014, same sex marriage was legalized in Wisconsin.
References
- ↑  CNN.com Election 2006 - Ballot Measures Accessed 14 December 2006.
- ↑  "U.S. 21st country to allow same-sex marriage nationwide". CNN. June 26, 2015. 
- ↑  "DOMAwatch.org - Wisconsin" Alliance Defense Fund. 2006. Accessed 06 January 2007.
- ↑  Assembly Joint Resolution 66,  Journal of the Wisconsin Senate, March 11, 2004, p. 717. The final vote was taken shortly after midnight on March 12.
- ↑  Senate Joint Resolution 53, Journal of the Wisconsin Senate, Dec. 6, 2005, p. 488.
- ↑  Canvass Summary, Wisconsin State Elections Board, Fall General Election, Nov. 7, 2006.
- ↑  Wisconsin amendment supreme court
- ↑  Christopher Magnum, Wis. "Supreme Court Hears Gay Marriage Case", Advocate.com, Nov. 3, 2009.
- ↑  Patrick Marley, "State Supreme Court hears arguments on gay marriage amendment", The Milwaukee Journal Sentinel, Nov. 3, 2009.
- ↑  Wisconsin Supreme Court Upholds Gay Marriage Ban
- ↑  Wisconsin Supreme Court upholds gay marriage ban
- ↑  "Wisconsin's same-sex marriage ban struck down". http://host.madison.com/wsj/news/local/govt-and-politics/wisconsin-s-same-sex-marriage-ban-struck-down/article_d4b76da1-3fc7-5946-9cb2-dc7ea1d81f94.html.  
 
External links
| | U.S. same-sex unions ballot measures | 
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 California Proposition 22 (2000, Ban) Nebraska Initiative 416 (2000, Ban) Nevada Question 2 (2002, Ban) Arkansas Constitutional Amendment 3 (2004, Ban) Georgia Constitutional Amendment 1 (2004, Ban) Kentucky Constitutional Amendment 1 (2004, Ban) Louisiana Constitutional Amendment 1 (2004, Ban) Michigan Proposal 04-2 (2004, Ban) Mississippi Amendment 1 (2004, Ban) Missouri Constitutional Amendment 2 (2004, Ban) Montana Initiative 96 (2004, Ban) North Dakota Constitutional Measure 1 (2004, Ban) Ohio Issue 1 (2004, Ban) Oklahoma Question 711 (2004, Ban) Oregon Ballot Measure 36 (2004, Ban) Utah Constitutional Amendment 3 (2004, Ban) Kansas Amendment 1 (2005) Texas Proposition 2 (2005, Ban) Alabama Amendment 774 (2006) Arizona Proposition 107 (2006, Constitutional ban defeated) Colorado Amendment 43 (2006, Ban) Idaho Amendment 2 (2006) South Carolina Amendment 1 (2006, Ban) South Dakota Amendment C (2006) Tennessee Amendment 1 (2006, Ban) Marshall-Newman Amendment (Virginia) (2006, Ban) Wisconsin Referendum 1 (2006, Ban) Arizona Proposition 102 (2008, Ban) California Proposition 8 (2008, Ban) Florida Amendment 2 (2008, Ban) Maine Question 1 (2009, Legalizing legislation defeated)
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