At issue is whether domestic partnerships create a legal status that is “substantially similar” to marriage and therefore violate the state’s 2006 constitutional ban on gay marriage.
Gov. Jim Doyle signed the state’s domestic partnership registry into law as part of the 2009-2011 biennial budget. Domestic partnerships grant same-sex couples limited benefits, including visitation rights in hospitals and the right to inherit each other’s assets.
Julaine Appling, the executive director of Wisconsin Family Action, a socially conservative organization that opposes homosexuality, unsuccessfully petitioned the Supreme Court to take jurisdiction in an original action in 2009. The domestic partner registry has since been ruled constitutional by Dane County Judge Daniel Moeser, with that decision upheld by a state appeals court.
The appeals court ruled that, when considering eligibility requirements, formation requirements, rights, obligations, and termination requirements, “the ‘legal status’ of a domestic partnership is not ‘substantially similar’ to the ‘legal status’ of marriage.”
The idea is this: domestic partner benefits offer a few basic rights to same sex couples which come nowhere near what marriage bestows, but these wingnuts have taken the case to court in order to prove that even something as simple as hospital visitation “mimics” marriage which is expressly forbidden by the state’s super-DOMA.
Of course the problem is that Wisconsin has a super DOMA in the first place, and it can’t be challenged, even, until 2015.
Honestly, the whole fracas is embarrassing, especially now that it’s obvious which way the wind is blowing, but these conservative wingnuts are digging their heels in deeper now that it’s apparent they are losing the war (even if/when they win the battles).
Honestly, it’s like living in the Dark Ages, but cheers to my friends Kathy & Ann who are willing to stand up for their rights.