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AG Van Hollen aruges no fundamental right to gay marriage in appeals filing

MADISON, WI (WTAQ) - Wisconsin's attorney general says gay marriage is like abortion -- there's no fundamental right to it, and state laws are reasonable in requiring one-man/one-woman unions.

J.B. Van Hollen made those arguments in a 188 page document filed Wednesday with the federal appeals court in Chicago. That's where both Wisconsin and Indiana are appealing in a combined case, after federal district judges in both states struck down state gay marriage bans recently.

Madison Judge Barbara Crabb said Wisconsin's ban violated the equal protection and due process rights of same-sex couples.

Van Hollen said Crabb's decision amounts to the creation of a new right to gay marriage -- and it wrongly extends federal authority into an area normally handled by the states.

Van Hollen said the U.S. Supreme Court's dismissal of the federal Defense of Marriage act last year showed that it's up to the states to set requirements for marriage.

(Story courtesy of Wheeler News Service)