Wisconsin Partner Measure May Lead To Constitutional Challenge

Written by 365Gay.com Wednesday, 25 February 2009 08:24

Wisconsin Gov. Jim Doyle’s proposed domestic partner registry for same-sex couples is likely to lead to a lawsuit if approved by the legislature, a conservative group is warning.

Doyle, a Democrat, included the registry in the state budget presented to lawmakers last week. The measure also would provide health benefits to the partners of state employees.

The conservative Wisconsin Family Action said Tuesday that the proposal would violate the state constitution. In 2006, Wisconsin voters approved a constitutional amendment limiting marriage to opposite-sex couples.

The group said that if approved it would launch a court challenge. It said that its lawyers are already examining the wording of the registry.

Wisconsin Attorney General J. B. Van Hollen said his office is also studying the wording in Doyle’s proposals to be sure they do not violate the amendment.

Doyle’s office said the proposal conforms with the constitution and predicated that any challenge would fail.

Once registered partners would have the right to visit significant others in hospital and make medical decisions if the partners were unable to do so themselves. It would allow partners to make end of life decisions, inherit property and have the same pension rights as married couples.

“It is also time to make sure our state takes some basic steps towards fairness and decency,” the governor said last week in presenting the budget.

Madison and Dane counties already have registries.

Democrats control the legislature and both the partner registry and the benefits plan have the support of leaders in the House and Senate. But Assembly Speaker Mike Sheridan has warned it won’t be easy getting the measures passed.

Doyle previously had attempted to get legal protections for same-sex couples but failed when Republicans controlled the legislature.

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