Recognition of same-sex unions in Wisconsin
Encyclopedia
Domestic partnerships for same-sex couples have been recognized in Wisconsin
since August 3, 2009 despite same-sex marriage
and "a legal status identical or substantially similar to that of marriage for unmarried individuals" being banned by Wisconsin statutes and a constitutional amendment
in 2006.
In Wisconsin, not only is same-sex marriage forbidden, but a statute already on the books before the passage of the 2006 amendment provides that residents who go out of state to contract a marriage that would be prohibited within Wisconsin can be fined up to $10,000 and/or imprisoned for up to 9 months. The domestic partnership
plan was passed as part of the biennial state budget bill, and was approved by the State Assembly in a 50–48 vote on June 13, 2009 and by the Senate in a 17–16 vote on June 17, 2009. It was signed by Governor Jim Doyle
on June 29.
Domestic partnerships in Wisconsin provide some rights, such as the ability to inherit a partner’s estate in the absence of a will, hospital visitation, and the ability to access family medical leave to care for a sick partner. A domestic partnership can be registered at the county level, with couples having to sign a legal declaration of their commitment. To be eligible for a domestic partnership, two individuals must be of the same sex, both be at least 18 years old, share a common residence, not be nearer of kin than second cousins, and neither party can be married or in another domestic partnership with anyone else.
introduced a Statute that would have banned same-sex marriage.
October 23, 2003: AB475 passes by a vote of 68-29 and is send to the Wisconsin State Senate
.
November 5, 2003: Wisconsin State Senate passes AB475 by a vote of 22-10.
November 10, 2003: Governor Jim Doyle
vetoed proposed legisation.
November 12, 2003: The Assembly attempts to override the Governor's Veto which failed by one vote, 63-33.
March 5, 2004: The Wisconsin State Assembly approved, by a vote of 68-27, a state constitutional amendment
reading:
March 12, 2004: The Wisconsin State Senate
voted 20-13 to pass that state's amendment, which must still be passed again in next year's legislature, and be voted on in a state-wide referendum.
December 6, 2005: The Wisconsin State Senate voted a second time in favor of the amendment. The vote is 19-14 and is along party lines.
February 28, 2006: The Wisconsin State Assembly voted for the second time in favor of the amendment. The question appeared on ballots statewide on November 7, 2006.
November 7, 2006: Wisconsin voters passed the amendment by a margin of 59.4%-40.6%.
February 17, 2009: Wisconsin governor Jim Doyle
proposed legislation for same-sex partnerships in Wisconsin.
April 9, 2009: The Wisconsin Supreme Court
is asked in McConkey v. Van Hollen to rule on whether or not Wisconsin Referendum 1 (2006)
, which banned both same-sex marriage
and civil unions in the state, is constitutional. William McConkey, a political science instructor, has claimed that the measure violated the state's constitution because it proposed more than one question in a single ballot proposal, which is illegal under Wisconsin law.
May 14, 2009: The Wisconsin Supreme Court agreed to hear McConkey's appeal and gave the parties 30 days to file briefs. The court will decide two questions. First it must decide if McConkey, as an individual voter, has standing
to sue. Wisconsin Attorney General J. B. Van Hollen
has claimed that he does not. If it finds he does have standing, it will then rule whether the ballot measure did illegally present two questions. In certifying the case, the Supreme Court said it acquired jurisdiction of “the entire appeal, which includes all issues, not merely the issues certified or the issue for which the court accepts the certification.”
June 13, 2009: Wisconsin Assembly passed budget, by vote of 50-48, which includes domestic partnerships for same-sex couples.
June 17, 2009: Wisconsin Senate passed budget, by vote of 17-16, which includes domestic partnerships for same-sex couples.
June 29, 2009: Governor Jim Doyle
signed the budget.
July 23, 2009: Three members of Wisconsin Family Action filed a petition for an original action in the Wisconsin Supreme Court
, Appling v. Doyle
, seeking a declaration that the domestic partner registry is unconstitutional under the state's Marriage Protection Amendment
.
August 3, 2009: Domestic Partnership law went into effect.
November 3, 2009: Oral arguments were heard for McConkey v. Van Hollen. A decision is expected by summer 2010.
November 4, 2009: The Wisconsin Supreme Court rejected Appling v. Doyle, Wisconsin Family Action's legal challenge to domestic partnerships.
June 30, 2010: The Wisconsin Supreme Court ruled 7-0 in McConkey that the ballot measure for Wisconsin's marriage amendment was proper.
May 13, 2011: Governor Scott Walker asked to withdraw the state's defense of the domestic partnership registry.
June 20, 2011: Dane County Judge Dan Moeser ruled that the domestic partnership registry does not violate the state constitution, finding that the state "does not recognize domestic partnership in a way that even remotely resembles how the state recognizes marriage".
An August 2011 Public Policy Polling
survey found that, despite only 39% of voters supporting the legalization of same-sex marriage, 67% of respondents supported legal recognition of same-sex couples, with 34% supporting same-sex marriage, 33% supporting civil unions, 31% opposing all legal recognition, and 1% not sure.
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
since August 3, 2009 despite same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and "a legal status identical or substantially similar to that of marriage for unmarried individuals" being banned by Wisconsin statutes and a constitutional amendment
Wisconsin Referendum 1 (2006)
Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or civil unions in the state. The referendum was approved by 59% of voters during the general elections in November 2006...
in 2006.
In Wisconsin, not only is same-sex marriage forbidden, but a statute already on the books before the passage of the 2006 amendment provides that residents who go out of state to contract a marriage that would be prohibited within Wisconsin can be fined up to $10,000 and/or imprisoned for up to 9 months. The domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
plan was passed as part of the biennial state budget bill, and was approved by the State Assembly in a 50–48 vote on June 13, 2009 and by the Senate in a 17–16 vote on June 17, 2009. It was signed by Governor Jim Doyle
Jim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
on June 29.
Domestic partnerships in Wisconsin provide some rights, such as the ability to inherit a partner’s estate in the absence of a will, hospital visitation, and the ability to access family medical leave to care for a sick partner. A domestic partnership can be registered at the county level, with couples having to sign a legal declaration of their commitment. To be eligible for a domestic partnership, two individuals must be of the same sex, both be at least 18 years old, share a common residence, not be nearer of kin than second cousins, and neither party can be married or in another domestic partnership with anyone else.
Enumerated rights
Wisconsin's domestic partnership law provides 43 rights and protections to couples, in contrast to more than 200 protections granted to married couples by state law. Among the rights enumerated:- Administration and transfer of deceased partner's estate
- Ability to inherit partner's estate in the absence of a will
- Priority with respect to certain personal property
- Can be awarded the couple’s home and vehicles that are titled in the name of the deceased partner, as well as personal and household items of the deceased partner, by a probate court
- Exempting certain property transferred to the surviving partner from creditors' claims
- Family support during administration of a deceased individual's estate
- Transfer of real estate titles without paying fee
- Transfer of motor vehicle titles
- Other rights
- Presumption of joint tenancy in real estate
- Rights related to power of attorneyPower of attorneyA power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
for property and finances - Family leave for sick or dying partner
- Hospital visitation
- Ability to admit incapacitated partner to nursing facilityNursing homeA nursing home, convalescent home, skilled nursing unit , care home, rest home, or old people's home provides a type of care of residents: it is a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living...
- Ability to access deceased or incapacitated partner's medical records
- Ability to file suit for wrongful deathWrongful death claimWrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute...
- Right to receive death benefits if the deceased partner was killed in a workplace accident
- Crime victim compensation
- Immunity from testifying against partnerSpousal privilegeIn the law of the United States, the spousal privilege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege....
- Ability to consent to autopsy for deceased partner
- Ability to make anatomical donation in the event of partner's death
History
August 17, 2003: Wisconsin State AssemblyWisconsin State Assembly
The Wisconsin State Assembly is the lower house of the Wisconsin Legislature. Together with the smaller Wisconsin Senate, the two constitute the legislative branch of the U.S. state of Wisconsin....
introduced a Statute that would have banned same-sex marriage.
October 23, 2003: AB475 passes by a vote of 68-29 and is send to the Wisconsin State Senate
Wisconsin State Senate
The Wisconsin Senate, the powers of which are modeled after those of the U.S. Senate, is the upper house of the Wisconsin State Legislature, smaller than the Wisconsin State Assembly...
.
November 5, 2003: Wisconsin State Senate passes AB475 by a vote of 22-10.
November 10, 2003: Governor Jim Doyle
Jim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
vetoed proposed legisation.
November 12, 2003: The Assembly attempts to override the Governor's Veto which failed by one vote, 63-33.
March 5, 2004: The Wisconsin State Assembly approved, by a vote of 68-27, a state constitutional amendment
Wisconsin Constitution
The Constitution of the State of Wisconsin is the governing document of the U.S. State of Wisconsin. It establishes the structure and function of state government, describes the state boundaries, and declares the rights of state citizens...
reading:
- "Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state."
March 12, 2004: The Wisconsin State Senate
Wisconsin State Senate
The Wisconsin Senate, the powers of which are modeled after those of the U.S. Senate, is the upper house of the Wisconsin State Legislature, smaller than the Wisconsin State Assembly...
voted 20-13 to pass that state's amendment, which must still be passed again in next year's legislature, and be voted on in a state-wide referendum.
December 6, 2005: The Wisconsin State Senate voted a second time in favor of the amendment. The vote is 19-14 and is along party lines.
February 28, 2006: The Wisconsin State Assembly voted for the second time in favor of the amendment. The question appeared on ballots statewide on November 7, 2006.
November 7, 2006: Wisconsin voters passed the amendment by a margin of 59.4%-40.6%.
February 17, 2009: Wisconsin governor Jim Doyle
Jim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
proposed legislation for same-sex partnerships in Wisconsin.
April 9, 2009: The Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
is asked in McConkey v. Van Hollen to rule on whether or not Wisconsin Referendum 1 (2006)
Wisconsin Referendum 1 (2006)
Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or civil unions in the state. The referendum was approved by 59% of voters during the general elections in November 2006...
, which banned both same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and civil unions in the state, is constitutional. William McConkey, a political science instructor, has claimed that the measure violated the state's constitution because it proposed more than one question in a single ballot proposal, which is illegal under Wisconsin law.
May 14, 2009: The Wisconsin Supreme Court agreed to hear McConkey's appeal and gave the parties 30 days to file briefs. The court will decide two questions. First it must decide if McConkey, as an individual voter, has standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to sue. Wisconsin Attorney General J. B. Van Hollen
J. B. Van Hollen
John Byron "J.B." Van Hollen is the Attorney General of the State of Wisconsin. A Republican, he was elected to the office in November 2006 and took office on January 3, 2007, succeeding Democrat Peg Lautenschlager.-Background:...
has claimed that he does not. If it finds he does have standing, it will then rule whether the ballot measure did illegally present two questions. In certifying the case, the Supreme Court said it acquired jurisdiction of “the entire appeal, which includes all issues, not merely the issues certified or the issue for which the court accepts the certification.”
June 13, 2009: Wisconsin Assembly passed budget, by vote of 50-48, which includes domestic partnerships for same-sex couples.
June 17, 2009: Wisconsin Senate passed budget, by vote of 17-16, which includes domestic partnerships for same-sex couples.
June 29, 2009: Governor Jim Doyle
Jim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
signed the budget.
July 23, 2009: Three members of Wisconsin Family Action filed a petition for an original action in the Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
, Appling v. Doyle
Appling v. Doyle
Appling v Doyle is a lawsuit seeking to have Wisconsin's domestic partnership registry declared unconstitutional. The action began as a petition for original action before the Wisconsin Supreme Court asking the Court for a declaration that the registry is unconstitutional and for a permanent...
, seeking a declaration that the domestic partner registry is unconstitutional under the state's Marriage Protection Amendment
Wisconsin Referendum 1 (2006)
Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or civil unions in the state. The referendum was approved by 59% of voters during the general elections in November 2006...
.
August 3, 2009: Domestic Partnership law went into effect.
November 3, 2009: Oral arguments were heard for McConkey v. Van Hollen. A decision is expected by summer 2010.
November 4, 2009: The Wisconsin Supreme Court rejected Appling v. Doyle, Wisconsin Family Action's legal challenge to domestic partnerships.
June 30, 2010: The Wisconsin Supreme Court ruled 7-0 in McConkey that the ballot measure for Wisconsin's marriage amendment was proper.
May 13, 2011: Governor Scott Walker asked to withdraw the state's defense of the domestic partnership registry.
June 20, 2011: Dane County Judge Dan Moeser ruled that the domestic partnership registry does not violate the state constitution, finding that the state "does not recognize domestic partnership in a way that even remotely resembles how the state recognizes marriage".
Public opinion
| Polling Firm | Month | Link | Favor | Oppose |
| Public Policy Polling Public Policy Polling Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer... |
August 2011 | http://www.publicpolicypolling.com/pdf/PPP_Release_WI_0826.pdf | 39 | 50 |
| Public Policy Polling Public Policy Polling Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer... |
May 2011 | http://www.publicpolicypolling.com/pdf/WisconsinMiscellaneousNumbers.pdf | 42 | 46 |
An August 2011 Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
survey found that, despite only 39% of voters supporting the legalization of same-sex marriage, 67% of respondents supported legal recognition of same-sex couples, with 34% supporting same-sex marriage, 33% supporting civil unions, 31% opposing all legal recognition, and 1% not sure.
See also
- LGBT rights in WisconsinLGBT rights in WisconsinLesbian, gay, bisexual, and transgender persons in the U.S. state of Wisconsin have some of the same rights and responsibilities as heterosexuals, however may face some legal issues not experienced by non-LGBT residents....
- Civil union in the United StatesCivil union in the United StatesA civil union is a legally recognized union similar to marriage. Many people are critical of civil unions because they say they represent separate status unequal to marriage...
- Domestic partnership in the United States
External links
- Establishment of Domestic Partnership and Related Rights and Benefits (General Provisions), Joint Committee on Finance Paper #391, Legislative Fiscal Bureau, May 19, 2009.
- Gaylesbitimes.com
- The Money Behind the 2006 Marriage Amendments -- National Institute on Money in State Politics