A gay rights group wants the state Supreme Court to throw out a challenge to the new domestic partnership law. A pro-marriage organization has urged the court to declare that law unconstitutional. WUWM's Ann-Elise Henzl reports.
In 2006, state voters approved a constitutional amendment banning gay marriage. Then, this summer, the Legislature and Gov. Doyle approved a domestic partnership law, in the new state budget. It allows same-sex couples to join a registry, and get some of the same protections as married couples.
The organization Wisconsin Family Action says it's opposed to the new law, because it conflicts with the amendment voters approved three years ago.
"This is about whether or not the will of the people, as reflected in the vote, is going to be respected."
Julaine Appling is president of Wisconsin Family Action. It asked the state Supreme Court to strike down the domestic partnership law, shortly after it was created.
"We are suing based on the constitutional amendment that says very clearly that a legal status that is identical to or substantially similar to that of marriage here in Wisconsin isn't valid or recognized in this state," Appling says.
The State of Wisconsin is defending the law. Meanwhile, the gay rights group, Fair Wisconsin, announced this week that it's urging the court to throw out the challenge. Executive Director Katie Belanger says the group can make a compelling case for justices.
"Fair Wisconsin is uniquely situated to do that because we were the main opponent of the amendment in 2006, and we were the main proponent of the domestic partnership law through the budget process," Belanger says.
Denise Cawley of Milwaukee is among those eager to see how the court case turns out. She and her longtime partner signed up for the registry the first day it was available, even though they're disappointed it doesn't go further.
"It's nothing like marriage to us. There are many benefits of marriage we wish we had that we do not have, and this is nothing close to it," Cawley says.
Cawley says the registry allows couples to take leave from work to care for a sick partner, and to make end of life decisions. But it does not provide dozens of protections that married couples are entitled to.
"Married couples can inherit one another's property without paying tax on it, married couples can adopt one another's children, married couples have the right to offer one another family coverage if their health care plan offered that, and not pay additional taxes on it," Cawley says.
Even though Cawley finds the protections inferior to what straight couples get, she hopes she can hang onto the benefits.
For Juliane Appling of Wisconsin Family Action, the court case is about protecting marriage, itself. She says the domestic partner registry harms marriage because it alters how people view the institution.
"It changes it from being a man and a woman who are married to one another, and are potentially bringing children into this world -- through adoption or through natural biological means -- to say that two men or two women are just the same in the rearing of children as are a mom and a dad. Marriage is fundamentally about the next generation," Appling says.
While the parties wait for a response from the Supreme Court, same-sex couples can continue to sign up for the domestic partnership registry. So far, about 1,000 have done so.
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