Gay marriage will remain banned in Wisconsin following a state Supreme Court decision June 30 upholding a referendum prohibiting the practice.

An appeal was previously filed claiming the referendum was incorrectly formatted because it addressed both civil unions and gay marriage as the same issue when they are actually separate questions. State law dictates referendums must address only one subject at a time.

The unanimous ruling stated the constitutional ban on both gay marriage and civil unions was properly put to a vote for Wisconsin residents in the 2006 referendum.

The justices contended in the ruling that having both same-sex marriage and civil unions addressed jointly in the referendum did not prevent voters from having the opportunity to fully express their agreement or disagreement with the issue at heart, according to the published decision.

Justice John Gableman said in his position statement the two issues included in the referendum “carry out the same general purpose of preserving the legal status of marriage in Wisconsin as between only one man and one woman.”

Even with the ruling officially banning gay marriage, Wisconsin is also the first state with a constitutional amendment to grant domestic partnerships for same sex couples. Same sex couples were allowed to apply for domestic partnerships starting Aug. 1, 2009.

Some gay rights groups were not necessarily surprised by the ruling, which did nothing more than uphold the referendum that already passed by the population at large.

“While the decision to uphold our discriminatory 2006 constitutional amendment banning marriage equality and civil unions was unfortunate, it does nothing more than maintain the status quo,” Katie Belanger, executive director of Fair Wisconsin, said.

Supporters of the amendment argued the ruling upholds the popular opinion of the state as a whole. The referendum itself originally passed with 60 percent support.

“Marriage and the will of the people are the clear winners in this decision,” Julaine Appling, President of Wisconsin Family Council, said in a statement. “When Wisconsin voters passed the marriage amendment in 2006 by almost 60 percent, they recognized the purpose of the amendment was clear and simple: To protect the institution of marriage. The Wisconsin Supreme Court reinforced that purpose in their decision.”

Wisconsin joins 30 other states that now have defense of marriage amendments within their state constitutions. Currently, gay marriage is legalized in five states and the District of Columbia.

Meanwhile, in Boston, a United States district judge ruled July 8 the federal gay marriage ban included in the Defense of Marriage Act is unconstitutional because it interferes with states’ right to define marriage

Some Wisconsin legislators expressed support for the ruling in Boston, even as the Wisconsin Supreme Court upheld the gay marriage ban within the state.

“I am thrilled by Judge Tauro’s decision that declares part of the Defense of Marriage Act unconstitutional. This is a tremendous victory for all who believe in equal rights and a dramatic confirmation of justice under law,” said Rep. Tammy Baldwin, D-Wis., in a statement. Baldwin is one of only three openly gay members of Congress.