The Constitutional Ban Would Deny Hundreds of Legal Protections for Wisconsin Families

Here are just 100 of the rights, responsibilities and protections that would permanently be denied to Wisconsin families if our state passes the proposed constitutional ban on civil unions and marriage.  Which would you want to be denied?

1. No automatic right to make health care decisions for partner
2. No automatic right to visit partner in the hospital
3. No right to sue for wrongful death if partner negligently killed
4. No right to consent or refuse consent to an autopsy of partner’s body
5. No vested right to be buried in cemetery plot with partner
6. No automatic right to inherit cemetery plot
7. No automatic right to make arrangements for funeral or dispose of deceased partner’s body
8. No right to donate partner's body or organs after death
9. No automatic right to inherit deceased partner’s estate
10. A prior will is not automatically revoked when entering a new relationship
11. A prior will is not automatically revoked when the relationship ends
12. No right to be notified in a public notice before partner’s will is destroyed by an attorney
13. No preference to be appointed personal representative of deceased partner’s estate
14. No right to continue to live in the deceased partner’s home for one year after partner’s death
15. No automatic right to notice in matters involving deceased partner’s estate
16. No right to support from deceased partner’s estate 
17. No right to demand one-quarter share of partner's estate if will leaves less than that
18. No automatic right to notice that a conservatorship or guardianship is being filed against partner unless currently living together 
19. May not get highest preference by court to be appointed as guardian or conservator for incapacitated partner
20. No right to private visits in long-term care facility
21. No right to share a room in long-term care facility
22. No right to file joint tax returns
23. No right to name partner as health care decision-maker when partner is serving as physician 
24. No right to rollover IRA upon partner’s death and continue tax deferral
25. Surviving partner may have to pay inheritance tax when first partner dies
26. No automatic right to receive deceased partner’s unpaid state salary and other moneys due
27. No right to maintain deceased veteran's property tax exemption
28. No right to claim senior or disabled property tax deferral when property is jointly owned but only one partner qualifies
29. No right to continue deferral of previous taxes deferred by deceased partner even though surviving partner is currently eligible for deferral
30. No protection against impoverishment if disabled partner needs Medicaid benefits for long-term care
31. Cannot transfer residence or other assets to partner without causing the disabled partner to become ineligible for Medicaid
32. When partner who received Medicaid dies, the state can recover the amount paid against the estate of the deceased partner even while the surviving partner is still alive   
33. No right to require suppliers to repurchase deceased retailer’s inventory
34. Partner of retailer has no cause of action against non-paying suppliers on cancellation of a retailer agreement
35. Not automatically an “authorized driver” on partner’s rental car
36. No absolute right to transfer a franchise or dealership to partner
37. No right to be a designated successor in deceased partner’s retail dealership
38. No right to partner’s Wisconsin medical insurance pool coverage
39. No automotive personal injury protection benefits for partner
40. No right to coverage under partner’s health benefit plan
41. No automatic right to obtain life insurance on partner
42. No uninsured motorist insurance coverage for partner
43. No right to spousal cash surrender valuation of term life insurance on partner
44. No right to coverage under deceased partner’s group health insurance plan
45. No protection for partner’s home in bankruptcy
46. Private conversations with partner are not protected in court
47. Conversations with a marriage counselor are not protected in court
48. No automatic education on fetal alcohol syndrome
49. No court-ordered counseling upon divorce
50. No court-ordered life insurance upon divorce
51. Partner not responsible for family expenses
52. No automatic paternity for children
53. Must testify against partner in a court case
54. Must surrender home to satisfy lien for partner’s unpaid medical treatment in long-term care facility
55. No right to sue long-term care facility that fails to discharge lien in a timely manner once overdue charges for partner are paid
56. No right to avoid court appointment of a property manager during foreclosure of partner’s home
57. No right to maintain a dwelling on EFU (exclusive farm use) property even if occupied by farm operator’s partner
58. No right to maintain a dwelling in a farm or forest zone even if lawfully created or acquired by the owner’s partner
59. No right as a partner to a landowner to obtain a “landowner preference tag” for hunting from the Fish & Wildlife Commission
60. No right to examine or get copy of autopsy report of deceased partner
61. No right to receive personal effects from deceased partner’s body
62. No access to partner’s death record
63. No automatic right of survivorship for jointly owned real property
64. No right to sell property qualified for farm use assessment to partner without disqualification
65. No right to loss of support payments from the state crime victims’ compensation fund if partner killed in a crime
66. No right to family therapy from state crime victims’ compensation fund in case of child sexual abuse
67. No right to crisis counseling through state crime victims’ compensation fund if partner is a victim of international terrorism
68. No right to exclude capital gain on principal residence based on partner’s ownership
69. Must pay taxes on employer health insurance benefits for partner
70. No right to deduct partner’s medical expenses on income tax return
71. No right to receive deceased partner’s wages
72. No right to deceased partner's wage claim against non-paying employer
73. No right to work on partner's farm for less than minimum wage
74. No eligibility for scholarship if partner is disabled or killed on the job
75. No right to sue for partner's death that was a result of an unsafe workplace
76. No right to workers’ compensation benefits if partner disabled or killed on the job
77. No right to opt out of workers’ compensation insurance as a family business
78. No right to sue non-employer for negligently killing partner on the job
79. No right to continue workers’ compensation benefits until remarriage if partner is killed or disabled on the job
80. Required to comply with childcare facility regulations when caring only for partner's children
81. No automatic right to special retirement benefit after death of partner who was a police officer or a firefighter
82. No right as unmarried couple with children to be treated as married for workers’ compensation rights and benefits
83. No automatic right to partner’s group insurance provided by public retirement system.
84. No right to opt out of unemployment insurance as a family business
85. No right to receive deceased partner’s unemployment benefits
86. Required to comply with farm labor contractor regulations when working only with partner 
87. Subjected to employment discrimination laws when hiring partner in family business
88. Employer can refuse to hire or discharge employee because it employs or has employed partner
89. No protection through emergency court orders in case of divorce
90. No tax exemption for dividing property upon divorce
91. No dividing retirement plans upon divorce
92. No automatic right to receive partner’s judicial retirement pension
93. No automatic right to make retirement selection from deceased partner’s public employee retirement benefit
94. No automatic right to partner’s pre-Medicare insurance benefit provided by public retirement system
95. No automatic right to partner’s Medicare supplemental insurance paid for by public retirement system
96. No automatic right to approve partner’s public employee retirement choices
97. No automatic right to special pre-retirement public employee retirement benefit after death of partner who was a judge
98. No right for partner of disabled or killed public safety officer to Public Safety Memorial Fund benefits
99. No automatic right to receive partner’s public employment benefits
100. 100. No right to retired partner’s health insurance offered by local government employers

This list was originally created by a group in Oregon. A few of the particular terms might be Oregon specific but they approximate Wisconsin provisions.