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Gay marriage challenge in federal court


Billy Bradford waves flags outside City Hall after a judge lifted the Proposition 8 stay on same sex marriages at City Hall in San Francisco, California August 12, 2010. The California Supreme Court waded back into the gay marriage debate on Wednesday, adding about a year's delay to a landmark case by agreeing to give guidance to federal judges considering the matter. REUTERS/Robert Galbraith
Billy Bradford waves flags outside City Hall after a judge lifted the Proposition 8 stay on same sex marriages at City Hall in San Francisco, California August 12, 2010. The California Supreme Court waded back into the gay marriage debate on Wednesday, adding about a year's delay to a landmark case by agreeing to give guidance to federal judges considering the matter. REUTERS/Robert Galbraith

MADISON, Wis (WRN)  Wisconsin’s gay marriage ban is facing a challenge in federal court.

The American Civil Liberties Union filed the lawsuit in U.S. District Court Monday morning on behalf of several same-sex couples, who either want the right to marry or for Wisconsin to recognize their marriage from another state. The lawsuit challenges a 2006 state constitutional amendment that ban gay marriage or the creation of any similar status for same sex couples.

ACLU Attorney John Knight says the amendment denies “lesbian and gay couples the freedom to marry violates the fundamental constitutional rights we have as Americans.”

Knight says the couples backing the suit are fighting for a personal and important choice; the ability to fall in love, form a family, and commit themself to one special person for life. He says “the government has no business denying that freedom to loving same-sex couples and we’re confident that the courts will agree that doing violates the U.S. Constitution.”

In a statement, Wisconsin Attorney General J.B. Van Hollen says the amendment was approved by a large majority of Wisconsin residents, and he vows to “vigorously defend it.”

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