Garth Wangemann (left) talks with his longtime partner, Roy Badger, after speaking Monday in Madison at a news conference about the lawsuit against Wisconsin’s gay marriage ban. Credit: Mark Hoffman

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Madison — Four same-sex couples sued Gov. Scott Walker and other public officials Monday in an attempt to overturn Wisconsin's seven-year-old amendment to the state constitution banning gay marriage.

The lawsuit, which Attorney General J.B. Van Hollen immediately pledged to fight, also seeks to block the state's obscure "marriage evasion" law that makes it a crime for couples here to get married in another state if the marriage wouldn't be recognized in Wisconsin.

"I believe we should be allowed to marry the person we're in love with...and we deserve the freedom to do so," plaintiff Marie Carlson said at a news conference announcing the suit.

The filing is the latest in a wave of dozens of lawsuits in at least 20 states challenging limits on gay marriage. Many of them were launched after the U.S. Supreme Court in June struck down the federal Defense of Marriage Act and gay married couples won the right to receive federal benefits.

The latest lawsuit, filed Monday in federal court in Madison, argues Wisconsin's ban on gay marriage violates the U.S. Constitution's guarantee of due process and equal protection under the law.

One of the couples wed in Minnesota last month, but the other three have not gotten legally married. Some of them said Monday they had decided not to marry in neighboring states because they feared facing $10,000 fines or stints of up to nine months in jail.

"I really don't want to take the risk of finding out if we're going to be prosecuted," plaintiff Judi Trampf said at the news conference.

The couples' attorneys said they knew of no other state that has a statute with criminal penalties like Wisconsin's. Other states with marriage evasion laws have civil penalties that invalidate marriages that are secured in other states, they said.

The attorneys said they did not know of any prosecutions under Wisconsin's marriage evasion law, but said having the statute on the books posed a risk to same-sex couples.

The suit is asking that a judge declare invalid the marriage evasion law and the constitutional ban on gay marriage, as well as older state statutes that refer to marriage as being between a "husband and wife."

"Wisconsin's ban on marriage for same-sex couples is a striking and continuing vestige of the long history of discrimination towards lesbians and gay men," the lawsuit says. "The marriage ban and the marriage evasion statute...send a powerful message to same-sex couples, their families, and the public that lesbians and gay men are not good enough for marriage and their relationships are undeserving of the respect and dignity associated with marriage alone."

Assisting the plaintiffs are the American Civil Liberties Union and its state affiliate. They are seeking their legal fees from the state if they prevail.

Van Hollen issued a statement Monday saying he would fight the suit.

"This constitutional amendment was approved by a large majority of Wisconsin residents. I believe the amendment is constitutional, and I will vigorously defend it," his statement said.

Wisconsin Family Action, which helped lead the effort to put the gay marriage ban in place, will likely attempt to get involved in the case, said the group's president, Julaine Appling. She disagreed that the couples have a constitutional right to get married and said allowing them to do so could open the door to state-sanctioned polygamy.

"My question to (the plaintiffs) would be, so where does this stop?" Appling said. "How do you tell the next group that's in line to redefine marriage, 'No'? ...Where's the logical stopping point?"

The plaintiffs found support from Fair Wisconsin, a group that fought the constitutional amendment and has taken legal action to keep protections in place for same-sex couples. But a statement from Fair Wisconsin's president, Katie Belanger, also sounded a note of caution by saying "a lawsuit alone cannot accomplish the transformative change we seek. There must be an effective statewide grass-roots movement that prevents backlash and ensures the public is ready for our victory."

In November 2006, nearly 60% of Wisconsin voters adopted a constitutional amendment banning gay marriage and civil unions — one of the most restrictive ones in the nation, according to the plaintiffs. Overturning the ban would require a court order or another amendment to the constitution, a process that starts with the Legislature and takes years.

Seventeen states plus Washington, D.C., allow gay marriage. Three of Wisconsin's four neighbors — Minnesota, Iowa and Illinois — are among those allowing the practice.

In Utah, a federal judge has ruled to allow gays to marry, but the decision has been put on hold while an appellate court considers the question.

Wisconsin has a limited domestic partnership law that provides some benefits short of marriage to gay couples. That law is facing its own legal challenge before the state Supreme Court, brought by Wisconsin Family Action.

The Wisconsin Supreme Court is expected to rule in that case by June, but the decision likely will not affect the challenge filed Monday in federal court.

Jason Stein of the Journal Sentinel staff contributed to this report.