Marriage supporters in Wisconsin have filed suit to protect the state marriage amendment from being undercut by an everything-but-marriage domestic-partner law.

Gov. Doyle signed into law in June 2009 a domestic partnership registry, as part of his 2010-11 budget – openly defying existing state law and the will of the people.

Wisconsin’s strongly worded marriage amendment prohibits same-sex marriage, as well as any “legal status identical or substantially similar to marriage” – thus, including domestic partnership registries.

Wisconsin Family Action (WFA) President Julaine Appling, lead plaintiff in Appling v. Doyle, said the governor’s actions were “an egregious violation” of the voters’ trust.

“Our system of government serves no purpose if our elected officials can completely and capriciously ignore the will of the people with impunity,” she said. “The statewide domestic partnership registry is basically a mirror image of marriage called something else and exclusively for same-sex couples.”

The Alliance Defense Fund (ADF), representing WFA, was forced to file – for the second time – a federal lawsuit with the trial court to declare the state’s domestic-partnership registry unconstitutional.

The first lawsuit, filed directly with the state Supreme Court in June 2009, was dismissed without comment.

Two months ago, however, that same court ruled in favor of the marriage amendment, but the ruling did not cover the registry – prompting ADF to file the second lawsuit.

The state approved the 2006 marriage amendment by 59.4 percent.

Brian Raum, senior counsel for ADF, agrees.

Politicians shouldn’t defy the will of voters who legitimately amended the Wisconsin Constitution in a fair election,” said Raum. “This domestic-partnership scheme is precisely the type of marriage imitation that the constitutional amendment approved by Wisconsin voters was intended to prevent. Those who are determined to tamper with marriage in Wisconsin are attempting an end-run attack hoping they can evade the clear language of the state constitution.”

Appling warned that there are 12 other states with marriage amendments similar to Wisconsin’s: Ark., Ga., Idaho, Ky., La., Mich., Neb., N.D., Ohio, S.D., Texas and Utah.

“Every state needs to be on the lookout for ways that people who are determined to redefine marriage will use to get their way,” she said. “And, it’s almost always that they end up doing some kind of a sneaky end run around the amendment to get their way.  And generally we end up having to fight them in the courts.”

FOR MORE INFORMATION
Learn more about Wisconsin Family Action.

Learn more about the legal challenge against marriage.

Learn more about marriage.

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