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Marriage Equality
| Marriage Equality Landscape Despite many setbacks, something remarkable has happened during the last few years in the United States and around the world. Something many people never thought they would see in their lifetime: loving same-sex couples getting legally married. We now know from experience that when people see their lesbian and gay neighbors, friends, and coworkers marry, opposition to equal marriage rights begins to melt away. This section of the website provides background on the rights of gay couples in Wisconsin, across the United States, and in other countries. WisconsinWisconsin law prohibits gay couples from marrying, and the state does not recognize marriages for gay couples granted by other governments. Wisconsin does not recognize civil unions or statewide domestic partnership, which could offer many of the rights of marriage under state law. Two Wisconsin cities--Madison and Milwaukee--have created domestic partnership registries, which allow couples to register their relationships with the city clerk. These registries are important for symbolic reasons, but they do not extend the rights and responsibilities of marriage. A constitutional amendment passed in 2006 by 59% of state voters prohibits marriage or “any legal status substantially similar to that of marriage”—meaning civil unions are also prohibited. It is unclear whether the amendment will also impact domestic partnership. Well over 100 private employers in Wisconsin offer equal health insurance benefits to gay employees and their partners-- also known as domestic partner benefits. Some local units of government also offer domestic partner benefits to their employees. For a list of private and public employers that offer equal workplace benefits in Wisconsin, visit our Domestic Partner Benefits resource page. The Wisconsin state government does not offer domestic partner benefits to state employees. In February 2007, Governor Jim Doyle asked lawmakers to approve equal benefits for state employees. UW-Madison is currently the only “Big Ten” school that does not offer domestic partner benefits. In 2005, six lesbian state employees filed a lawsuit, with the help of the American Civil Liberties Union, seeking equal health insurance and family leave benefits. That case is slowly working its way through the courts. The United StatesOn May 15, 2008 California became the second state after Massachusetts to legalize marriage for gay and lesbian couples. The court’s decision involved several consolidated cases, collectively referred to as In re Marriage Cases. The cases were filed in 2004. In March 2005, a state trial court ruled that, under the state constitution, same-sex couples must be permitted to marry. In October 2006, the California Court of Appeal reversed the trial court in a 2-1 decision. The California Supreme Court’s decision in May of 2008 overrules the Court of Appeal’s decision. Unfortunately, anti-gay groups are working to put an amendment on the fall 2008 ballot that would override the court's decision if passed. In 2003, the high court of Massachusetts ruled that denying equal marriage violates that state's constitution. Since May 2004, thousands of couples have married and polls demonstrate that a majority of Massachusetts residents now support marriage equality. In 2007 or 2008, state legislature in a few states, including California and New York, are expected to debate marriage equality legislation. New York recognize marriages performed in Massachusetts, Canada, and elsewhere. As of early 2008, 26 states have enacted constitutional amendments outlawing marriage for gay couples. Of those, 17 also prohibit civil unions and potentially other legal recognition. Vermont, Connecticut, New Jersey, and New Hampshire have created civil unions, which extend the rights and responsibilities of marriage under state law only to gay couples. No other state currently provides civil unions for gay couples, although some state legislatures are likely to take up civil unions bill soon. Oregon has a statewide domestic partner registry that is similar to civil unions. It offers the rights and responsibilities of marriage under state law. In September 2005, the California Legislature became the first legislative body in history to approve equal marriage rights, but Governor Arnold Schwarzenegger vetoed the bill. There are pending lawsuits seeking equal marriage rights in Iowa and Connecticut. The following countries have ended discrimination in marriage: The following offer varying degrees of protections under civil unions or another form of registered partnership: Andorra Updated June 2008
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