11/28/05: Gay Marriage Fight Heats Up

Gay Marriage Fight Heats Up

Hearing Set For Tuesday

The Capital Times :: FRONT :: 4A
Monday, November 28, 2005
By JR Ross Associated Press

Wisconsin lawmakers and conservative groups, fearing marriage is under assault, are fighting for an amendment to define it as a union between one man and one woman.

Gay rights groups and their supporters, fearing their rights and way of life are under attack, are fighting to keep things as is.

Both sides are gearing up for the final push in the debate over the proposed amendment, which will have a public hearing Tuesday in the Capitol.

The amendment must be approved by consecutive two-year sessions of the Legislature before it can go to voters in a statewide referendum. Lawmakers easily approved the amendment under first consideration last year, and groups on both sides of the debate acknowledge they are likely to approve it again.

That means the next 11 months will see campaigns from both sides to win over voters in anticipation of a statewide referendum on the November general election ballot. Texas became the 19th state to approve a constitutional amendment to ban same-sex marriage; none of the states that have put a proposed amendment on the ballot has seen it defeated.

"We really believe the issue will be won or lost at the grass-roots level," said Julaine Appling, executive director of the pro-amendment Family Research Institute of Wisconsin and the Wisconsin Coalition for Traditional Marriage.

After Tuesday's public hearing, committees in both chambers are expected vote on the amendment. Should lawmakers approve it again, Wisconsin voters would be asked for an up or down vote on whether to amend the constitution to limit marriage to one man and one woman while prohibiting legal recognition of any relationship "identical or substantially similar to that of marriage for unmarried individuals."

Voters cannot change the language of the amendment, and opponents are hoping to counter it on several fronts.

One, they hope to show gay and lesbian couples and families to put a human face on what they say is an effort to discriminate. Two, they hope to play on concerns the amendment would prohibit granting any recognition to unmarried couples, such as health care benefits.

Madison and Milwaukee have domestic partner registries for same-sex couples that are largely symbolic. Several Wisconsin school districts also offer health care benefits for unmarried couples, as do two technical colleges. The state and University of Wisconsin System do not.

Last year, the city of Madison and Dane County released opinions from their lawyers saying the amendment could bar them from offering health insurance to domestic partners.

Joshua Freker, spokesman for the gay rights group Action Wisconsin that opposes the amendment, said opponents believe the amendment could have an even further reach than that.

In Michigan, the attorney general issued a legal opinion that a similar amendment bars public employers from offering domestic partner benefits. In Ohio, a judge ruled an amendment there prohibits the filing of domestic violence charges against unmarried people.

"We want to make sure people know even if they are uncertain about the question of marriage that this amendment is more far-reaching than that," Freker said.

Appling said the amendment clearly would prohibit civil unions such as those granted in Vermont, which grant gay couples many of the same rights under state law as those who are married. But she said the amendment would not affect the health benefits some companies already grant unmarried employees or benefits currently offered by local units of government.

The amendment does not clearly define at what point a relationship recognized by the state becomes "identical or substantially similar" to marriage. Appling acknowledged that should the amendment be approved, lawsuits would likely ensue to define what relationships between non-married people could still be recognized.

But she said opponents are trying to confuse voters on the key issue.

"It protects the word marriage, and it protects the institution of marriage," Appling said.

Should lawmakers approve the amendment, the Department of Justice would do an analysis to estimate what the impact would be.

Both sides are now ramping up their efforts to lobby on the amendment, which surfaced after Gov. Jim Doyle vetoed legislation more than two years ago to define marriage as between one man and one woman. The governor argued state law already limits marriage to a man and a wife, but amendment supporters have argued a judge could overrule state statutes and force recognition of same-sex marriages as has happened in Massachusetts.

Appling's organization has more than doubled its staff since 2003 with four full-time and two part-time employees. She said the group plans to do an advertising campaign to support the amendment as resources allow. It is also in the process of distributing 500,000 brochures and has sent a seven-minute DVD called "The Battle for Marriage in Wisconsin" to 4,000 churches.

Action Wisconsin, meanwhile, has grown to 14 staffers from two. It has been actively working with various religious organizations to oppose the amendment and has won support from several of them.

"We want them to see this amendment will have an impact on real people that live in their communities," Freker said.