Wisconsin Gay Couples Could Face Jail for Marrying in California

Same-sex couples from Wisconsin who go to California to marry could face criminal charges when they return home.

A Wisconsin law makes it a criminal offense to enter into a marriage outside the state if that marriage were illegal in Wisconsin.

The law was passed decades ago to prevent underage couples from crossing state lines to marry, but it could be used against same-sex couples, The Capital Times of Madison reported Wednesday.

The penalty is a fine of up to $10,000, nine months in prison, or both.

Wisconsin law limits marriage to opposite-sex couples.

Same-sex marriage became legal in California following a state supreme court ruling that went into effect June 17.

While Massachusetts, the only other state to offer marriage to gay couples, will marry out-of-state couples only if their unions would be legal at home, the California ruling allows for marriage licenses to be issued to all same-sex couples. (The Advocate)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

Name: Quasi
Date posted: 2008-07-15 1:03 AM
Hometown: Davenport, FL

Comment:

I would go to California in a minute and would live there if I could afford it. I had to leave there in 1992 after living there for over 16 years because it became too expensive to live and no prospects of decent jobs. Now I am retired in Florida, and I sure hope this state of old farts recognize a bad disciminatory amendment this next election, and vote it down. As of last year, the people voted to have a 60% super majority for amendments to pass, which may be our saving grace and a thorn in the side of the old religious right-wing bigots here. 8D --- LOL --- BTW, all states need a "non-expiring sunset law" which causes "old spam-type laws" to expire if there are no inflictions prosecuted using them in a court of law after some reasonable number of years, say 5 or 10 years.

Name: Chris
Date posted: 2008-07-08 12:40 PM
Hometown: St. Petersburg, FL

Comment:

I'm from Wisconsin, born and raised, and I'm currently in Florida. I'm so glad I got of there when I did. Wisconsin, while it's beautiful and produces great beer and cheese, it's run by old-school folks who are behind the times. My fiance and I are going to be married in California in 2 weeks, and while I understand that the marriage will legally be void when we return to Florida, we have the support from the community here. We don't have to be worried about being thrown in jail or fined just because we want to express our love for one another. Get your head out of your ass, Wisconsin, and join the rest of the 21st century.

Name: Joseph
Date posted: 2008-07-03 4:37 PM
Hometown: Montgomery, AL

Comment:

Incidentally, with reference to the story in question, until a same-sex couple is actually CHARGED AND JAILED in Wisconsin, I don't see much sense in worrying about this. Yes, it is a serious matter, but the same thing would actually apply to same-sex couples who've married in Canada (but I don't recall reading any hysterics regarding that). Further, did the original article happen to mention how many "underage couples" are prosecuted every year under this law? Or have Wisconsin's authorities opted to let the law fall by the wayside (much like any of those other hundreds of laws that are still on the books but mostly ignored--like "Livestock have the right of way on public roads" or "The government may not prohibit manual flushed urinals" or "Margarine may not be substituted for butter in restaurants unless requested by the customer", all of which are actual Wisconsin laws) ?

Name: Wallace
Date posted: 2008-07-03 1:47 PM
Hometown: Baltimore

Comment:

I think that once we get right with Jesus, and stand behind McCain to get him elected, the rest of the country will see that we are more like them and start to change their opinion of us. We need to start working with them, the straight Christian people, to let them know we are not monsters and freaks. Maybe, when the Iraq war ends, we will be able to get some sort of rights...in about 100 years or so. I am hopeful that though we won't see the change, the future generations of gay people may be able to start enjoying it...as soon as they get out of the military where they are drafted and put on the front line to prove their loyalty to straight America, by risking their lives...Don't ask me why I feel this way, and I promise not to tell!

Name: Matt
Date posted: 2008-07-03 1:44 PM
Hometown: Los Angeles

Comment:

Yes, James is correct that Wisconsin has generally been a blue (or at least a purple) state in the last few elections. But it's also true that Wisconsin voters recently voted for a constitutional amendment to ban same-sex marriage. Writing discrimination into your constitution is most certainly not progressive, tolerant, or open-minded. So referring to Wisconsin as a "red" state is not accurate--but referring to Wisconsin as a state where the majority of the populace is prejudiced and regressive on social issues clearly IS accurate. Changing the archaic law calling for fines against same-sex couples who marry outside the state won't change that. Wisconsin residents voting to repeal the constitutional amendment discriminating against gay and lesbian couples would be a sign the state is socially progressive and less prejudiced. But that seems unlikely.

Name: GB
Date posted: 2008-07-03 10:54 AM
Hometown: Nevada

Comment:

To say "that's f*cked up" is an understatement. I cannot understand why they continue to discriminate against us! We haven't done anything to them. My wife and I just recently got married in California. The minute we crossed the border back into Nevada (where we reside), our newly legal marriage was once more illegal. Regardless of the bigotry, hatred and disrespect that this state has shown to us and other gays, we still view ourselves as married. And in a few days, we will get a marriage certificate that says so too. My wife and I will be more than happy to stand in unity with our Wisconsin brothers and sisters in their ouw fight against the ignorance they face there. I believe that we will eventually be full citizens of our own country. I just hope it's sooner rather than later.

Name: Xavier Chapa
Date posted: 2008-07-03 9:44 AM
Hometown: Hamburg, Germany

Comment:

I think it's time to secede and divide the country. I'm so tired of letting these red states dictate our social norms. What does Wisconcin contribute to the embetterment of our nation, anyway? Its economic growth is placed at the bottom 1/3. Let them sink themselves in their backward ideologies and let the rest of us progress into the 21st Century. Our nation didn't become the leader of the free world based on antiquated thinking. We have always been progressive. With most of the industrialized world making headway in gay equality, I'd like to see how well red states like Wisconsin perform on an international level with the way they think. We need to quit letting these red states bring us down with them.

If you would like to submit a comment for posting, please fill out the form above.

All comments submitted via this form are subject to posting or publication. (To send a private letter to an Advocate editor or writer, please use the e-mail button at the top of the page, or use snail mail.) If you would like your comment considered for publication in The Advocate magazine, please include your full name, your city of residence, and a phone number where you can be reached during business hours so that we can confirm your identity. Your e-mail address and telephone number are strictly confidential and will not be shared or used for any purpose other than to contact you about your comment.

See the Contact page for sending comments for reasons other than responding to Advocate editorial and news stories.

Please note that comments sent by fax or snail mail are unlikely to be posted, although they will be considered for publication along with all letters received via e-mail or via this Web page. Comments that chiefly concern Advocate.com content will be considered for posting only on the Web site. The Advocate reserves the right to edit submitted comments for grammar, spelling, obscenities, or libel; we will, however, do our best to preserve the original comment's style and intent. Comments considered for publication in The Advocate magazine may also be edited for length.

More Exclusives

View From the Hill: The End of DADT?
Defense Secretary Robert Gates revealed that lawyers are exploring ways to ease enforcement of the military's gay ban, but cautioned that the law doesn't leave much wiggle room. He need look no further than DOD history for a lesson in altering the policy.

Hot Sheet: Week of July 5
When you get back from that big 4th of July barbecue, unwind with Sacha Baron Cohen's Bruno and your favorite B-movie-mocking, basic cable robots.

Hungry Like the Wolf
A master of viola, ukulele, piano, and harp, Patrick Wolf is a music prodigy -- one who, the night before this interview, spit on a cop and got himself arrested.

Soapside: Advocate's Guide to Daytime
Forbes March talks about playing gay, Otalia fans outraged, update on One Life to Live’s Patricia Maurceri’s firing over gay plot point, Phillip Chancellor III big reveal, and Erica Kane goes to Africa.

The Faces of Federal Prop. 8
With the federal challenge to Prop. 8 moving full speed ahead, Advocate.com sits down with the two couples named as plaintiffs in the suit.

Mommy, the Gays Are Coming
After a year of advancements and celebration for gay and lesbian Colombians, the community takes to the streets of Bogota for the country's biggest pride ever.

The Pride of Antwerp
Advocate.com hits the gay-friendly streets of Antwerp with openly gay police commissioner Serge Muyters.

Excerpt: Mean Little Deaf Queer
In an excerpt from her humorous and harrowing new memoir, Mean Little Deaf Queer, Terry Galloway recalls her early childhood, describing feelings of ugliness, confusion about gender, and being one of the boys.

Top Political Blogs
From Joe.My.God to The Daily Beast, Advocate.com spotlights a few of the best blogs that cover politics, inside and way outside the Beltway.

The Diva of French Television
A hot young screenwriter who has made gay OK for millions of French viewers, Nicolas Mercier sips champagne, dons a feathered hat, and says he wants to see Colin Farrell and Jude Law go at it.