Wisconsin Proponents Of Anti-Gay Marriage Amendment Hit A Wall

In 2006 Wisconsin voters were told by the proponents of the anti-gay marriage amendment that under no circumstances would the amendment, if passed, ban domestic partnership benefits.

We might be reminded of the promises made by the conservative advocates of the amendment, as contained in the Dane County court ruling released today.

A review of the drafting files indicates that the legislative proponents of the Marriage Amendment repeatedly told their colleagues and voters three messages: first, that the second sentence of the Amendment is only designed to prohibit something like a “Vermont-style” civil union that provides all of the rights and benefits of marriage; second, that the Amendment does not prohibit the state from creating a legal construct to provide benefits to same-sex couples; and third, that the Amendment does not prevent the legislature from packaging together a large bundle of rights for same-sex couples.

Representative Gundrum also explained that the Marriage Amendment would not prohibit the state from creating a legal construct to provide benefits to same-sex couples:

[The proposal] does not prohibit the state, local governments or private entities from setting up their own legal construct to provide particular privileges or benefits, such as health insurance benefits, pension benefits, joint tax return filing, hospital visitation, etc. as those bodies are able and deem appropriate. As long as the legal construct designed by the state does not rise to the level of creating a legal status “identical or substantially similar” to that of marriage (i.e. marriage, but by a different name), no particular privileges or benefits would be prohibited.

To be clear about it many citizens, myself included, had no reason to trust those who worked feverishly to deny civil rights to others.  So when that claim was made many smirked and waited for what we knew was coming.  Be mindful that  no one has ever lost money betting on the deceitful ways of those who carry the Bible and rant against gay people.  Be it a sister or a stranger, know they are not working in the common interest.

In spite of the passage of the unfair and anti-gay 2006 constitutional amendment in Wisconsin many citizens were still rightly concerned about issues that effect gay couples. Matters such as  hospital visitation and the ability to take a family medical leave to care for a sick or injured partner were still problems for Wisconsinites.  After all, these issues are not exclusive to heterosexual couples.  Gay partners also experience the same matters, and deserve to be treated in an equitable fashion.

To ensure that some equality could be offered for same-sex couples Governor Jim Doyle along with the Democratic-controlled legislature made the correct decision in 2009 to create the domestic partnerships law.  While it offers some safeguards, let’s be honest here.  Nothing short of marriage for gay Americans will offer the full weight of law, or the social recognition that is required for full equality. Having said that the Wisconsin partnership law allowed for hospital visitation and family medical leave.

But even that limited compassionate offer struck the bigoted proponents of the anti-gay marriage amendment as just going too far.  Surely domestic partnerships for pets and grandfather clocks was just around the corner!  It had to be stopped!  Therefore Wisconsin Family Action promised to stop domestic partnerships.  Removing pool tables in River City would just have to wait!

The court battle, at least this phase of it, as conservatives always find ways to fritter away dollars on lawyer fees, did not go according to the prayerful appeals of the conservatives.

God just might be a liberal.

The Circuit Court, Branch 11 in Dane County Wisconsin upheld as constitutional the state’s Domestic Partner Registry.

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.”

Now I suspect that all the great thinkers that make up the Wisconsin Family Action are meeting to prepare for an appeal of the decision.  They will brandish their ‘moral’ rhetoric as to why they must raise funds and save Wisconsin from the fate of Sodom and Gomorrah.  That the story of these places had nothing to do with  homosexuality will not be told, as truth and reasoning have never been allies of those who wish to deny others of their rights.

I find the energy exerted by those such as Wisconsin Family Action amusing since the tide has turned in America.  Polls show more and more support for gay marriage, and even majority support in recent polls.  

I suggest the Wisconsin Family Action stop beating up on gay couples and instead pursue the biblical demand that adultery be punished by death.

Now that is a meeting of the Wisconsin Family Action I would pay to sit in on and take notes!