MADISON, Wis. (AP) – A state law that hails marriage as “the foundation of the family and of society” does not elevate marriage over other relationships, an appeals court said July 5 in a ruling that could add fuel to the debate over same-sex marriage.

“We do not read the legislature’s recognition that marriage is an important and vital societal institution worthy of preservation and protection as a policy judgment that other intimate relationships are of lesser value or legitimacy,” Judge Richard Brown wrote for the 2nd District Court of Appeals. “It does not attempt to privilege marriage over other intimate relationships.”

The ruling comes as both sides of the same-sex marriage debate begin to campaign over a proposed amendment to the Wisconsin Constitution that would outlaw same-sex marriage. The amendment, which already has received legislative approval, needs only voter support in November to take effect.

The case in question did not deal with gay rights. Still, foes of same-sex marriage said they feared the ruling was one step toward weakening the law that defines marriage as between a husband and wife.

“They are beginning to go down the path of doing exactly what happened in Massachusetts,” said Lorri Pickens, campaign manager for Vote Yes for Marriage, referring to the court ruling that legalized same-sex marriage in that state. “They are beginning to go down that road of redefining marriage.”

Opponents of the proposed amendment have cited the law in arguing against the need for the amendment, saying same-sex marriage is already illegal.

Lester Pines, a Madison lawyer who has represented gay rights activists, said the notion that the ruling weakened the law was “absolutely preposterous.”

“This is in the context of a criminal sentencing,” he said of the ruling.

The appeals court ruled in the case of an unwed father who argued he was unfairly punished because he was not married. The ruling said a Racine County judge was mistaken when he used the law to question whether Duane Heath, who was convicted of leading police on a high-speed chase, was truly committed to his family since he was unmarried.

During Heath’s sentencing hearing last year, Judge Dennis Barry pressed him to explain why he wasn’t married to the mother of his two children. Heath was pleading for work-release privileges so he could spend time with his family.

“I wonder how committed to your children you are and especially this woman when you’re not willing to make the commitment of marriage,” Barry told him, according to court records.

He cited the state law to show “the Legislature and society has a relationship that evidences a higher level of commitment, to wit: marriage.”

Barry rejected Heath’s pleas for leniency and sentenced him to 18 months in prison followed by 18 months of extended supervision. Heath appealed the decision, arguing he was punished for being a single father.

The appeals court said Barry was wrong to interpret the statute, which calls the stability of marriage “basic to morality and civilization,” as elevating marriage over other types of relationships. The court said the law does not “mention or compare marriage to any other type of familial or intimate relationship.”

However, the three-judge panel called the error harmless and upheld Heath’s sentence. The ruling said Barry had ample evidence to question Heath’s depiction of himself as a family man.

Heath, 33, of Racine, pleaded guilty in December 2004 to one count of fleeing and eluding an officer stemming from a drug-induced high-speed chase. He led police officers on the chase off a road, through fields and a bike trail before he struck a parked car.

Heath’s lawyer, Eileen Miller Carter, said she could not comment until she discussed the case with her client.

The statute in question, intended “to promote the stability and best interests of marriage and the family,” went into effect in 1960. In 1983, lawmakers added language describing marriage as “a legal relationship between two equal persons, a husband and wife.”