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The Gay Marriage Legal Debate

By Shelley Walcott

Many people are celebrating the state's new domestic partnership law. But others are concerned it will lead to gay marriage.

In November 2006, Wisconsin voters took a stand on same-sex marriage. They voted 'Yes', banning it and anything similar to it. But nearly three years later the debate has intensified...so much the Supreme Court has to settle the score again.

Jackie and Dawn Schmidt are like most other couples. First they dated, then fell in love, and in 2006 became domestic partners.

Dawn says, "It's kind of a close second. It doesn't confer all benefits of marriage," She adds, "We wanted a celebration."

On July 5, 2009, they made it official. Before a small group of family and friends, they exchanged vows in Canada because it's illegal in Wisconsin.

"We want to be members of this community, and we're not going to be leaving, so we work through what we got to," Jackie says.

The newlywed wives aren't alone in their thinking. Straight, married, Republican and a very protective father...Professor Bill McConkey is the unlikely front man in support of gay marriage in Wisconsin.

"I also have a gay daughter. I gotta do something. This is my kid they're picking on in the state," he explains.

In his lawsuit, McConkey argues the 2006 amendment was improperly put to voters.

"In my lawsuit, I said the Wisconsin Constitutional Article 12 requires that if an amendment has two parts, or contains more than two subjects, that they be presented to voters separately," McConkey says.

This was the ballot question regarding marriage: Asking voters if marriage between one man and one woman shall be valid, or recognized as marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried same-sex individuals shall not be valid or recognized in the state?

Almost 60% of Wisconsin voters said 'Yes'. Julaine Appling agrees with those votes. She's the C.E.O of the Wisconsin Family Council.

"It was a valid election. It was a clear approach. It was a clear vote. It wasn't something where we had to call for a re-count and so to me this is a done deal," Appling says.

She helped lead the 2006 campaign banning same-sex marriages and anything 'similar'.

"The tide is still with us. People still value marriage between a man and a woman. It's not saying that these relationships between two men or two women are not existing. No one is denying that," she admits.

And keeping with that mission to maintain that perception of man and wife, in July the Council also filed a lawsuit with the Supreme Court--challenging the new state law allowing domestic partnerships claiming it violates the 2006 ban.

Advocates for and against the debate have filed challenges with the Wisconsin State Supreme Court. A decision should be made sometime in the fall or winter of 2009.

 

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