Wisconsin Democrats Seek to Write Marriage Equality Into Law

Wisconsin Democratic legislators are looking to write marriage equality and parental rights for same-sex couples into state law.

While the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges made bans on same-sex marriage unenforceable, they remain on the books in several states. Wisconsin’s constitution and state statutes still define marriage as the union of one man and one woman. Democratic lawmakers unveiled legislation Wednesday that would change that.

They announced two bills at a press conference, The Cap Timesreports. One proposes a state constitutional amendment that would remove the “one man and one woman” language, which was added in 2006. If legislators approve the amendment in two consecutive sessions, it will go to voters for ratification. The sponsors hope to get it on next November’s ballot.

“It is long past time for our state constitution and statute to reflect that marriage equality is the law of the land and has been for nearly a decade,” Democratic Sen. Mark Spreitzer said at the press conference, according to the Times.

“One of the worst days in the legislature was when that constitutional amendment passed in 2006, and some of my colleagues came up to me afterwards and said, ‘Don’t take it personal,’” added Democratic Sen. Tim Carpenter, who is gay, Wisconsin Public Radio reports. “It’s been personal, and it’s been in our constitution for about 17 years, and it’s time to repeal it.”

“A second bill would increase legal protections for LGBTQ+ couples surrounding adoption, pregnancy, parental rights, insurance and benefits, among other areas, as well as change current language Spreitzer calls ‘outdated’ that refers to ‘husbands and wives’ to ‘spouses,’” the Times reports.

Jamie Gaffke, who lives in Madison, said she and her wife, Ruth Vater, have had to take legal action to assure they’re both recognized as parents. “We’ve spent a lot of money on legal fees and a lot of sleepless nights worried about the state of our family,” Gaffke said at the press conference, according to the Times. “Ruth is the legal parent of both of our children, but due to gendered language in the state statutes, we continue to protect ourselves legally with parentage orders and the need to go to court to secure parent rights.”

Writing marriage equality into state law would help protect it if the U.S. Supreme Court ever decides to reverse Obergefell, Wisconsin Attorney General Josh Kaul told the paper. The federal Respect for Marriage Act, which President Joe Biden signed into law a year ago Wednesday, assures that the U.S. government will continue to recognize same-sex and interracial marriages even if Obergefell is overturned, but it doesn’t require states to allow same-sex couples to marry.

“As we've seen in the abortion context, it’s important to ensure that laws are updated, because otherwise you can end up with laws in place that are inconsistent with what you want to see,” Kaul said.

Pictured, from left: Wisconsin Sens. Mark Spreitzer and Tim Carpenter