Wisconsin group: Domestic partnership rhymes with marriage

posted at 8:54 am on July 24, 2009 by

Three years ago, Wisconsin did as many other states have done, and put the power of democracy to work. The people voted on a state constitutional amendment to ban gay marriage, and it passed. The majority rules, as it should be. The argument against gay marriage has usually come down to social conservatives stating that gays have plenty of alternatives to marriage that are not called “marriage”, and to grant them that title would dilute the sanctity and meaning of marriage. However, now the ante is being upped.

Democratic Gov. Jim Doyle signed the law in the state budget last month. Starting Aug. 3, same-sex couples can register with counties to receive dozens of the same legal protections as married couples, including the right to inherit assets, make hospital visits and take medical leave to care for an ill partner.

Wisconsin became the first Midwestern state to enact legal protections for same-sex couples through the Legislature. It also became the first nationwide to allow domestic partnerships despite having a ban on gay marriage and any “substantially similar” relationships.

The lawsuit argues domestic partnerships violate that clause in the constitution, approved by voters in 2006, because they are “virtually identical” to traditional marriages. Wisconsin Family Action led the campaign for the ban and threatened legal action against the law for months.

“This new domestic partnership scheme is precisely the type of marriage imitation that the constitutional amendment approved by Wisconsin voters was intended to prevent,” said lawyer Brian Raum of the Alliance Defense Fund, a Christian legal group representing the plaintiffs.

One of the plaintiffs, Wisconsin Family Action President Julaine Appling, called the law “an assault on the people, the state constitution, the democratic process, and the institution of marriage.”

So even though it’s not marriage, it’s an assault on marriage because it’s like marriage, but not called marriage?

Multiple times, opponents of gay marriage have said that their issue does not lie with gay people having access to the rights of marriage, such as inheritance rights, but with the re-defining of the word “marriage”. Well, Wisconsin spoke, and there’s no danger of that. However, it’s becoming clear that this Wisconsin outfit doesn’t give a damn about what marriage means. They’re worried about gay people having officially recognized long-term relationships, regardless of what they’re called. That’s their opinion, and they’re free to have it, but if they ever centered their position around the definition of marriage, then they’re liars.

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I must admit, while I’m against gay marriage (for precisely the reason that marriage is, to me, a reserved term), the information you present here has the ‘anti-gay marriage’ group in the wrong.

If it’s not marriage, then it should be okay. I will point out, though, that the hinge is on that ‘substantially similar’ clause. More information on what that clause means would be important.

If, for example, the ‘substantially similar’ clause was particularly focused on the legal benefits of marriage, then I think they have a case. And, honestly, in a legal document, can they really discuss anything but the legal benefits?

Scott H on July 24, 2009 at 9:20 AM

If it’s not marriage, then it should be okay. I will point out, though, that the hinge is on that ’substantially similar’ clause. More information on what that clause means would be important.

If, for example, the ’substantially similar’ clause was particularly focused on the legal benefits of marriage, then I think they have a case. And, honestly, in a legal document, can they really discuss anything but the legal benefits?

Scott H on July 24, 2009 at 9:20 AM

That’s the thing. I’m not trying to argue that they don’t have a legal basis. I’m making the point that they commonly said that the crux of their position was “redefining marriage”. Since this isn’t called marriage, there shouldn’t really be a problem.

MadisonConservative on July 24, 2009 at 9:25 AM

Curious to know if Gov. Doyle will extend these same “rights” to hetero couples living together without ever being married, seeing that WI does not recognize common law marriage.

RedInWI on July 24, 2009 at 9:33 AM

Now wait a minute, it’s pretty harsh to be throwing around words like “liars” just because different people take different positions.

It’s not like the anti-gay marriage movement is monolithic and speaks with one voice.

I’d guess about half of us are fine with domestic partnerships (although we have different disagreements over how similar they should be to marriage) and about half are opposed to domestic partnerships as well as gay marriage.

Sackett on July 24, 2009 at 9:59 AM

Note that in the end of the post, the Wisconsin outfit was the one accused, not the anti-gay marriage movement as a whole.

MadisonConservative on July 24, 2009 at 10:04 AM

Democratic Gov. Jim Doyle signed the law in the state budget last month. Starting Aug. 3, same-sex couples can register with counties to receive dozens of the same legal protections as married couples, including the right to inherit assets, make hospital visits and take medical leave to care for an ill partner.

This is what I’ve long advocated. I think that gay marriage makes as much linguistic sense as calling a cat a dog and therefore opposed redefining the term, but I’ve no problem with the legal remedy offered here.

Physics Geek on July 24, 2009 at 1:11 PM

Unless any of us live in WI, though, does it matter what we think? For once, we have an actual legal question. There’s a law on the books, and the question is exactly if the law applies.

MC, while it’s not called ‘marriage’, the clause mentioned makes it sound like the WI rule doesn’t require it to be. It sounds very much like a legal formulation of ‘if it looks like a duck…’.

Can anyone from WI tell us the intent behind the law?

Also, I support RedInWI’s point that this should apply to all partnerships, not just homosexual ones.

Scott H on July 24, 2009 at 1:41 PM

Legitimizing “gay” condones “gay.” Live long and prosper.

ericdijon on July 24, 2009 at 7:22 PM