Wisconsin court upholds domestic partner benefits
Mon. June 20, 2011 6:54 PM by GoPride.com News Staff
Madison, WI -
A Wisconsin court on Monday upheld as constitutional the state's domestic partner registry, a new law that extends a number of protections for same-sex couples, including hospital visitation and inheritance rights.
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."
"The law is clear—the domestic partnership law does not violate the Wisconsin constitution," said Christopher Clark, Senior Staff Attorney in Lambda Legal's Midwest Regional Office based in Chicago.
Former Gov. Jim Doyle, a Democrat, signed the domestic partnerships into law in 2009.
Shortly thereafter, Wisconsin Family Action, a conservative anti-gay group, brought a lawsuit claiming the registry violated the state's ban on gay marriage because it grants same-sex couples a number of legal rights including limited hospital visitation and inheritance rights after joining the registry.
Wisconsin Gov. Scott Walker, a Republican, had asked a judge to allow the state to stop defending the domestic partner registry.
The Chicago office of Lambda Legal joined Fair Wisconsin and five same-sex couples in the fight to ensure the important legal protections to same-sex couples, including hospital visitation and the ability to take a family medical leave to care for a sick or injured partner, remain in Wisconsin.
"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," said Katie Belanger, Executive Director of Fair Wisconsin.
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."
"The law is clear—the domestic partnership law does not violate the Wisconsin constitution," said Christopher Clark, Senior Staff Attorney in Lambda Legal's Midwest Regional Office based in Chicago.
Former Gov. Jim Doyle, a Democrat, signed the domestic partnerships into law in 2009.
Shortly thereafter, Wisconsin Family Action, a conservative anti-gay group, brought a lawsuit claiming the registry violated the state's ban on gay marriage because it grants same-sex couples a number of legal rights including limited hospital visitation and inheritance rights after joining the registry.
Wisconsin Gov. Scott Walker, a Republican, had asked a judge to allow the state to stop defending the domestic partner registry.
The Chicago office of Lambda Legal joined Fair Wisconsin and five same-sex couples in the fight to ensure the important legal protections to same-sex couples, including hospital visitation and the ability to take a family medical leave to care for a sick or injured partner, remain in Wisconsin.
"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," said Katie Belanger, Executive Director of Fair Wisconsin.