The Wisconsin Supreme Court has agreed to review the legality of a 2006 referendum that placed a gay marriage ban in the Wisconsin Constitution, reports WKOW, a Madison ABC affiliate.

At issue is whether the referendum illegally put forth two issues to voters at the same time. The referendum asked voters to outlaw gay marriage and civil unions.

William McConkey, a University of Wisconsin-Oshkosh political science instructor, filed the lawsuit.

His case was dismissed last year by a Dane County judge, and appealed to the District 4 Court of Appeals. The appeals court asked the Wisconsin Supreme Court to review the case, saying “the validity of the marriage amendment is a matter of significant public interest with statewide implications.”

A win in the state Supreme Court would not legalize gay marriage in the state because the state defines marriage as a heterosexual union. But it would allow gay and lesbian couples who have been denied a marriage license the right to file a lawsuit.

A large majority of Wisconsin voters (60%) approved the gay marriage amendment in 2006.