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The constitution of Wisconsin had precluded state recognition of same-sex marriages and prohibited the establishment of any similar legal status under another name since 2006, when 59% of voters ratified a constitutional amendment defining marriage so as to exclude same-sex couples. District Court for the Western District of Wisconsin ruled for the plaintiffs and in the week before she stayed her decision county clerks in 60 of the state's 72 counties issued marriage licenses to same-sex couples and some performed marriage ceremonies for them.
The state's constitution and statutes previously contained no similar restrictions. Walker, challenged Wisconsin's refusal to grant marriage licenses to same-sex couples, its refusal to recognize same-sex marriages established in other jurisdictions, and related statutes. The state appealed her decision to the Seventh Circuit Court of Appeals, which affirmed her decision on September 4 and later stayed implementation of its ruling until the U. Supreme Court decided whether to consider the case.
Public opinion polls since voters adopted the constitutional amendment in 2006 report a trend in favor of legal recognition of same-sex relationships.
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