Wisconsin Referendum 1 (2006)
Encyclopedia
Wisconsin Referendum 1 of 2006 was a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on an amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the Wisconsin Constitution
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...
that would invalidate 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....
s or civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s in the state. The referendum was approved by 59% of voters during the general elections in November 2006. All counties in the state voted for the amendment except Dane County
Dane County, Wisconsin
As of the census of 2000, there were 426,526 people, 173,484 households, and 100,794 families residing in the county. The population density was 355 people per square mile . There were 180,398 housing units at an average density of 150 per square mile...
(home of the state capital, Madison
Madison, Wisconsin
Madison is the capital of the U.S. state of Wisconsin and the county seat of Dane County. It is also home to the University of Wisconsin–Madison....
), which resoundingly opposed it.
Amendment
The text of the adopted amendment, which became Article XIII, Section 13 of the state constitution, reads:As required by the constitution, the amendment was approved by both houses of the legislature, in two consecutive sessions. The legislative history of the amendment is as follows:
- March 5, 2004: Approved by Wisconsin State AssemblyWisconsin State AssemblyThe 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....
by a vote of 68-27.
- March 12, 2004: Approved by Wisconsin State SenateWisconsin State SenateThe 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...
by a vote of 20-13
- December 6, 2005: Approved by the State Senate a second time, by a vote of 19-14.
- February 28, 2006: Approved by the State Assembly a second time.
- November 7, 2006: Approved by referendum, by a margin of 59.4%-40.6%.
Legal challenge
In April 2009 the Wisconsin Supreme CourtWisconsin 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:...
was asked in McConkey v. Van Hollen to rule on whether 2006 Referendum 1 was 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 impermissible under Wisconsin law. On June 30, 2010, the Supreme Court ruled that the amendment is constitutional.