Gov. Walker says attorney general has no choice but to appeal same-sex marriage

 MADISON -- Republican attorney general candidate Brad Schimel says the attorney general has the obligation to defend the U.S. Constitution, and says striking down Wisconsin’s same sex marriage ban should be decided by the U.S. Supreme Court and not a federal judge in Madison.

While the three democrats running for attorney general; Jon Richards, Susan Happ, and Ismael Ozanne say they would not be appealing the decision by Judge Crabb last week.

Monday at an event in Madison, Governor Scott Walker says the attorney general has no choice but to appeal.

\"The Constitution is pretty clear. Now people can agree or disagree with that, but it's pretty clear in what it says and until a higher court ultimately makes that determination. Any attorney general regardless of party, regardless of who it is, is obligated in that oath they take to support the constitution.\" Walker said.

While talking to the media in Madison, Walker also refused to answer how he currently stands on same-sex marriage.

He even took a jab at democratic challenger Mary Burke for saying walker is not sticking to his position on the issue.

Walker said it doesn't matter what the governor thinks.

\"Again it's not about changing positions. The governor has no bearing in that in the future. Act 10, where again if you [reporters] all spent a fraction of the energy you're spending on this issue, actually asking Madison school board member Mary Burke where she stood. That actually is important.\" Walker said.