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Wisconsin's same sex marriage ban may avoid U.S. Supreme Court ruling

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WASHINGTON D.C. (WTAQ) - U.S. Supreme Court justices suggested Tuesday that they could rule on California’s same sex marriage ban, without touching similar bans in Wisconsin and other states.

During an 80 minute hearing, several judges questioned whether the case should even be before the nation’s highest court.

A couple of possibilities came up. One was that the justices could rule that gay marriage opponents did not have a legal standing to bring the case to the Supreme Court, thus upholding the right of two same sex couples who filed suit for the right to marry.

The court could also withdraw its decision to hear the case in the first place – thus leaving an appeals court ruling against the ban which would only apply to California. The state allowed same sex marriage for only a short time before voters passed a constitutional amendment in 2008 to require that marriage be between a man and a woman.

Wisconsin is one of 30 states that constitutionally ban gay marriages, even though polls have shown growing support for the practice in recent years.

Meanwhile, Wisconsin’s Reince Priebus – who heads the Republican National Committee – says the party should adhere to its platform against gay marriage. But he tells USA Today that the GOP should not, “divide and subtract” Republicans who support the right of gays and lesbians to marry.

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