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No 'fast track' for gay-marriage lawsuit

Gay Marriage (CBS News)
Gay Marriage (CBS News)

MADISON, Wis (WSAU-Wheeler News)  The Wisconsin Supreme Court will not let a same-sex couple bypass the lower courts, and try to get the justices to strike down the state's ban on gay marriage. Without comment, the justices told Katherine and Linda Halopka-Ivery of Milwaukee to get in line -- and take their case to the circuit and appellate courts first.

Chief Justice Shirley Abrahamson and Justice Ann Walsh Bradley did vote to have the Supreme Court take immediate jurisdiction. They didn't comment on their positions, either.

The Halopka-Iverys were married last December in California. They allege that Wisconsin's constitutional gay marriage ban from 2006 denies them federal rights given to same-sex couples. They also say it denies them rights to due process and equal protection, after the national Defense-of-Marriage Act was struck down last year by the U-S Supreme Court.

A separate lawsuit from the A-C-L-U and several same-sex couples also challenges Wisconsin's ban. It's pending before Madison Federal Judge Barbara Crabb.

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