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Written by Louis Weisberg, WiG Staff Writer
Nov 18, 2009
MADISON — The Wisconsin Supreme Court has rejected a lawsuit seeking to declare the state’s domestic partner registry unconstitutional.
In an unusual move, lawyers for Wisconsin Family Action had filed the case directly with the state’s high court rather than a lower court of jurisdiction. The Christian-right group said that “it was important to act quickly,” because the registry violates a 2006 constitutional amendment banning same-sex marriage or civil unions.
Supporters of the registry argue that domestic partnerships are not the equivalent of marriage or civil unions because they provide only 43 protections — compared with the more than 200 received by married couples.
The Supreme Court did not base its rejection on the merits of the case, but instead declined to accept original jurisdiction. WFA has vowed to file the case in a lower court, and it could yet wind up before the state’s high justices. The court is split 4-3 in favor of conservatives.
Fair Wisconsin executive director Katie Belanger said the supreme court’s action is “a huge victory.”
“We’re very pleased that the 1,200 or so couples who are registered already will continue to receive these protections and that more couples can apply for them. We’re ready to continue defending the legislation and we’re very confident that we will prevail.”
“Because of (this) ruling, Wisconsin’s same-sex couples and their families who depend on domestic partnership protections can take care of each other in times of illness and crisis,” said Christopher Clark, senior staff attorney at Lambda Legal’s Midwest Regional Office in Chicago. Lambda Legal filed to intervene in the case on behalf of Fair Wisconsin.
“Even with the discriminatory amendment excluding same-sex couples from marriage, the Wisconsin Constitution does not prevent enactment of laws that offer basic decency and security for couples,” Clark said.
Same-sex couples who register as domestic partners receive inheritance and survivor protections, family and medical leave, and hospital visitation rights. They also can refuse to testify against a partner or former partner concerning private communications that occurred during their relationships, and they are exempt from real-estate fees for transferring property to each other.
Fair Wisconsin estimates there are 15,000 same-sex couples living in Wisconsin.
About a week after the Supreme Court declined to hear the domestic partner registry case, it heard oral arguments in a case challenging the constitutionality of the amendment banning same-sex marriage and civil unions.
Plaintiff William McConkey, a political science instructor from Baileys Harbor, claims the referendum on the amendment illegally put two issues to voters at the same time — both whether to ban gay marriage and whether to outlaw civil unions.
A Dane County judge dismissed the case last year, and McConkey appealed. Last month, the Madison-based District 4 Court of Appeals asked the high court to take the case immediately because of its statewide significance.
A decision in the case is not anticipated before next spring, Balinger said.
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