A self-identified "Christian, straight, married" father of nine and grandfather of seven said today he is filing what is likely to be the first lawsuit challenging Wisconsin's recently passed constitutional ban on gay marriage.
Bill McConkey, an instructor of political science at University of Wisconsin-Oshkosh and resident of Baileys Harbor, was planning to drop off his 14-page complaint this morning at the Dane County Courthouse. McConkey, who is not an attorney, prepared the lawsuit on his own.
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McConkey said in an interview he is filing the lawsuit because the marriage ban violates the 14th amendment of the United States Constitution, which guarantees equal protection under the law.
"Here is a law that denies equal protection," he said. "It cannot be constitutional, not in this country, not under the U.S. Constitution."
He also said the ban violates the First Amendment of the federal constitution that protects freedom of expression. Marriage, he said, "is an expression of trust and commitment to each other and to the community that we are now a married couple."
The first amendment attack is innovative, but almost certainly going to be tossed out. In fact, the entire thing is likely to be tossed out because he doesn't have standing to sue.
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