Republican legislators who failed to redefine and narrow Wisconsin’s marriage law last week said Tuesday that the Massachusetts high court ruling that allows homosexuals to marry shows the need to amend the state constitution to ban same-sex marriages in Wisconsin.
Rep. Mark Gundrum, R-New Berlin, who could not be reached, recently said he and other Republican legislators are “seriously looking” at the specific language needed for such an amendment. Gundrum was the author of the Wisconsin bill to define marriage as between “one man and one woman.”
Gov. Jim Doyle vetoed Gundrum’s bill earlier this month, calling it “mean-spirited” and “redundant” of current law that defines marriage as between a husband and wife. Last week, the state Assembly failed by one vote to override his decision.
However, the high court in Wisconsin could contradict the current law and make a decision similar to Massachusetts’ to allow same-sex marriages, University of Wisconsin law professor Donald Downs said.
“[The inability to marry] violates legal rights of gays,” Downs said.
An amendment to the state Constitution must be approved by two consecutive sessions of the state Legislature and by a majority of voters in a referendum before it can become law. This process could take up to five years to be approved.
If the amendment is added to the constitution, there is nothing the courts can do about it, Downs said, unless a Supreme Court decision is reached to invalidate Wisconsin law.
Gundrum and other Republicans argued that the state needed to clarify its definition of marriage. They said prior to the court’s decision, Massachusetts had a similar law to Wisconsin’s and that 37 states have taken steps, including one enactment of a constitutional amendment, to clarify the law.
Supporters and opponents of the bill expect the decision will spark more challenges to Wisconsin law.
Downs, however, said that although Massachusetts law decided in favor of gay rights, it is not certain that it widely opens the door for other states to follow.
“It was a major court, but it was a divided decision,” he said. “This is going to be a major issue in politics in the next year. It should be very interesting.”
However, state Rep. Mark Pocan, D-Madison, said he looks forward to the day Wisconsin protects laws that recognize “civil rights and equality” for everyone.
“I hope that at some point state law in Wisconsin will change and recognize the full potential of all families,” Pocan said. “Hopefully, the Massachusetts example will lead us beyond fear and ignorance around the issue of allowing people to show their love, honor and commitment to each other.”
Although Doyle opposes same-sex marriage, he does favor granting some legal rights to gay and lesbian partners in areas such as making emergency medical decisions and granting health rights to state employees.
