The state Supreme Court was asked Thursday to decide the legality of Wisconsin's gay marriage ban.
The court of appeals sent the case up to Supreme Court justices, saying the validity of the constitutional amendment is a matter of significant public interest with statewide implications.
Madison attorney Lester Pines represents William McConkey, the UW-Oshkosh professor who filed the lawsuit challenging the ban. Pines says the lawsuit centers on a claim that the referendum asked voters to decide two questions, which is not legal.
The amendment, approved in November of 2006, not only banned gay marriage, but also any legal status substantially similar to marriage.
It's not clear if the Supreme Court will take up the case.