Constitutional Law — same-sex marriage — domestic partnerships

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Wisconsin Court of Appeals

Civil

Constitutional Law — same-sex marriage — domestic partnerships

The domestic partnership law does not violate the constitutional ban on same-sex marriages.

“Appling has the burden of showing that the domestic partnership law is unconstitutional beyond a reasonable doubt. As explained further below, Appling must demonstrate, by reference to the language of the marriage amendment and other voter-intent evidence, that voters intended to prohibit the particular type of domestic partnership created by the legislature. We conclude that Appling falls far short of meeting her burden. As we shall see, there is little reason to think informed voters believed that the marriage amendment language would prohibit the domestic partnerships at issue here. The same-sex domestic partnerships created by the legislature are substantially different than marriages because, among other differences, domestic partnerships carry with them substantially fewer rights and obligations than those enjoyed by and imposed on married couples.”

“This case is not about whether the Wisconsin or United States Constitutions require, on equal protection or other grounds, that same-sex couples have the right to a legally recognized relationship that is identical or substantially similar to marriage. To the contrary, for the domestic partnership law to pass muster here, the ‘legal status’ created by that law may not be ‘substantially similar’ to the ‘legal status’ of marriage. Because the legal and evidentiary arguments of the parties persuade us that the two are not ‘substantially similar,’ we affirm the circuit court’s decision holding that the domestic partnership law does not violate the marriage amendment.”

Affirmed.

Recommended for publication in the official reports.

2011AP1572 Appling v. Doyle

Dist. IV, Dane County, Moeser, J., Lundsten, J.

Attorneys: For Appellant: Dean, Michael D., Brookfield; Nimocks, Austin R., Scottsdale, AZ; Campbell, James A., Scottsdale, AZ; Raum, Brian W., Scottsdale, AZ; For Respondent: Hagedorn, Brian K., Madison