One of the interesting aspects of Lewis v. Harris, the New Jersey decision mandating same-sex marriage or its equivalent is the state's disavowal of any interest in acting to protect traditional marriage. The best arguments against same sex marriage are that it will undermine the social understanding of marriage as an institution to facilitate and establish rules and norms consistent with potentially procreative relationships and further erode the notion that, all things equal, children have a need and a right to live with their mother and father. It is the interest in preserving marriage as an institution whose rules and norms are defined by what will protect children and the interest in reinforcing ideal of both mother and father that justifies limiting marriage to heterosexual relationships.
But, in New Jersey, the Court did not even consider those arguments because the state refused to make them. It chose to fight with one hand tied behind its back and the other in a cast, arguing that its only interest was consistency with the laws of other states. As lawyering goes, this is pretty close to taking a dive in the third round.
So what happens if the amendment fails and the people who get to decide what arguments Wisconsin will make in defense of marriage are Jim Doyle and Kathy Falk?
In raising the question, I'm not saying that either would not act with integrity (in fact, I once litigated a case with Kathy Falk [who was then working for Doyle] in which she ably defended a position that I suspect she did not agree with), but will they vigorously advance arguments that they think are wrong?
Protecting marriage from further erosion requires a "yes" vote and, as a safeguard, votes for Green and Van Hollen.