Domestic Partnership Benefits Upheld by Wisconsin Court

Wisconsin Governor Jim Doyle signed domestic partnerships into law in June 2009. The law grants same-sex couples limited legal protections, including the right to take a family medical leave to care for a same-sex partner and the right to visit a partner in the hospital. An antigay group called Wisconsin Family Action brought suit alleging that the new law violated the state’s constitutional amendment than bans marriage equality.

Monday, a Wisconsin court held that the domestic partnership law does not violate Wisconsin’s constitution. The court provided research and material in its ruling showing that in 2006 voters were told by proponents of the antigay marriage amendment that the amendment would not prohibit domestic partnership benefits. In the opinion, Wisconsin Circuit Court Judge Daniel R. Moeser wrote:

Ultimately, it is clear that Chapter 770 does not violate the Marriage Amendment because it does not create a legal status for domestic partners that is identical or substantially similar to that of marriage. The state does not recognize domestic partnership in a way that even remotely resembles how the state recognizes marriage. Moreover, domestic partners have far fewer legal rights, duties, and liabilities in comparison to the legal rights, duties, and liabilities of spouses.

Following the court’s ruling, Katie Belanger, Executive Director of Fair Wisconsin stated:

We are pleased that the Court upheld the limited protections provided by domestic partnerships because they are essential in allowing committed same-sex couples to care for each other in times of need. This is an exciting day for Wisconsin. Domestic partnerships marked our state’s first step toward full equality in nearly 30 years. Judge Moeser’s decision will ensure that we can continue advancing equality for lesbian, gay, bisexual and transgender Wisconsinites in the years ahead.

Wisconsin Court Upholds Domestic Partner Benefits: Lambda Legal and Fair Wisconsin Celebrate Victory, Lamda Legal, Jun. 20, 2011.

Special thanks to Naomi R. Cahn (John Theodore Fey Research Professor of Law, George Washington University) for bringing this article to my attention.