Fair Wisconsin Stands Ready to Defend Domestic Partnership Law that Attorney General Refuses to Defend

Madison, WI – Today, Wisconsin Attorney General J.B. Van Hollen issued a statement saying he will not represent the State of Wisconsin in defending domestic partnerships against a recent legal challenge filed with the State Supreme Court.

“Fair Wisconsin is disappointed at the Attorney General’s decision,” says Katie Belanger, Executive Director of Fair Wisconsin. “The Attorney General was elected to defend the State of Wisconsin from exactly this type of legal challenge, and we regret that he has chosen not to do so.”

Domestic partnerships grant limited, but important legal protections to same-sex couples in caring, committed relationships, including hospital visitation and the ability to take Family Medical Leave to care for a sick or injured partner. Earlier this month, lawyers representing three board members of Wisconsin Family Action filed a lawsuit arguing that the domestic partnership registry violated a 2006 amendment to the Constitution that limits marriage in Wisconsin to one man and one woman.

“Fair Wisconsin is prepared to defend domestic partnerships because same-sex couples need the basic protections they provide,” continues Belanger. “Because of the importance of this legislation, Fair Wisconsin will seek to take an active role in this case and has retained Lambda Legal as counsel. We are confident that the State Supreme Court will arrive at a fair and just decision that upholds these basic protections for same-sex couples.”

”The domestic partnership registry and the constitutional amendment barring same-sex couples from marriage are not in conflict with each other,” stated Christopher Clark, senior staff attorney with Lambda Legal. “In the absence of such a conflict, we are perplexed and disappointed by the Attorney General’s decision and we encourage the Governor to vigorously defend the important legal protections that the legislature validly enacted to protect Wisconsin citizens.”

The nonpartisan Wisconsin Legislative Council issued an opinion on May 6th, 2009, supporting the legality of domestic partnerships under the constitutional amendment, stating “it is reasonable to conclude that the domestic partnerships proposed…do not confer a legal status identical or substantially similar to that of marriage for unmarried individuals in violation of art. XIII, s.13.”