Recognition of Same-sex Unions in Wisconsin

Recognition Of Same-sex Unions In Wisconsin

Domestic partnerships that afford limited rights to same-sex couples have been recognized in Wisconsin since August 3, 2009. Same-sex marriage and "a legal status identical or substantially similar to that of marriage for unmarried individuals" is banned by a constitutional amendment adopted by popular vote in 2006. A statute that antedated that constitutional amendment provides that residents who contract a marriage in another jurisdiction that would be prohibited within Wisconsin can be fined up to $10,000 and/or imprisoned for up to 9 months.

The domestic partnership plan was passed as part of the biennial state budget bill that was approved by the State Assembly in a 50–48 vote on June 13, 2009, and by the Senate in a 17–16 vote on June 17, 2009. Gov. Jim Doyle signed the legislation on June 29. Domestic partnerships in Wisconsin provide select rights, such as the ability to inherit a partner's estate in the absence of a will, hospital visitation, and the ability to access family medical leave to care for a sick partner. Wisconsin's domestic partnership registry does not provide two-parent adoptions by persons of the same sex, and confers far fewer rights, duties and protections than are associated with marriage. A domestic partnership can be registered at the county level, with couples having to sign a legal declaration of their commitment. To be eligible for a domestic partnership, two individuals must be of the same sex, both be at least 18 years old, share a common residence, not be nearer of kin than second cousins, and neither party can be married or in another domestic partnership with anyone else.

Wisconsin was the first state in the Midwest to enact any form of recognition for same-sex unions. Of the several states that have bans on same-sex marriage and civil unions, Wisconsin was the first and only one to enact limited domestic partnerships.