Imitation Marriages Challenged in Wisconsin

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A Wisconsin state judge on
Monday ruled that a state “domestic partnership” scheme that imitates
marriage does not violate the state constitution’s prohibition on
imitations of marriage. In other words, an imitation marriage doesn’t
imitate marriage.

Alliance Defense Fund attorneys are planning to appeal.

The
lawsuit, Appling v. Doyle, was filed in Dane County Circuit Court last
year to stop then-Gov. Jim Doyle and the state legislature from skirting
a voter-approved constitutional amendment protecting marriage that
prohibits any “legal status identical or substantially similar to that
of marriage for unmarried individuals.”

“The
people of Wisconsin recognize that marriage provides a strong
foundation for a thriving society. That’s why they approved a
constitutional amendment that specifically protects marriage from all
imitators. Politicians and activist groups should not be allowed to get
around that,” says ADF Senior Legal Counsel Austin R. Nimocks. “We will
appeal this decision because this domestic partnership scheme is
precisely the type of marriage imitation that the voters intended to
prevent.”

The “domestic
partnership” scheme, proposed and signed into law by Doyle after passage
by the Legislature as part of the 2010-11 state budget, is available
only to couples involved in a same-sex relationship. “Domestic partners”
receive “declarations” instead of “marriage licenses,” but otherwise,
the procedures for becoming domestic partners and becoming husband and
wife are virtually the same.

“Throughout
history, diverse cultures and faiths have recognized marriage between
one man and one woman as the best way to promote healthy families and
societies,” Nimocks argues. “That’s because marriage between a man and a
woman naturally builds families—mom, dad, and children—and gives hope
that the next generations will carry that on into the future.”

In
November 2006, 59 percent of Wisconsin voters approved Article 13,
Section 13, of the Wisconsin Constitution, which reads, “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.” In June 2010, the Wisconsin Supreme Court
unanimously upheld the validity of the entire amendment’s enactment.

“The
people of Wisconsin have strongly affirmed the lifelong, faithful union
of a man and a woman as the fundamental building block of
civilization,” says Wisconsin Family Action President Julaine Appling.  “Our system of government serves no purpose if politicians can ignore
the will of the people with impunity and get away with it.”