Republican lawmakers introduced an amendment to the Wisconsin constitution defining marriage as the union between one man and one woman Wednesday.
The amendment would prohibit legalizing same-sex marriages in the state by the legislature or the courts. The proposal would not, however, bar state or local government from giving gay couples health or tax benefits.
Legislators backing the amendment say it is necessary to prevent Wisconsin judges from ruling similarly to the Massachusetts court decision last November that struck down the state’s ban on gay marriage, declaring lawmakers could not deny the right to marriage to same-sex couples.
“There is nothing in our state constitution that would protect against activist judges doing the same thing here. With just one or two Doyle appointments to the Wisconsin Supreme Court, the Massachusetts decision will be the Wisconsin decision within just a few years,” Sen. Scott Fitzgerald, R-Juneau, the lead senate author of the resolution, said in a press release.
Lawmakers backing the measure claim the amendment is necessary to clarify and preserve the traditional understanding of marriage.
“Marriage is more than just a basketful of government benefits ? it is the cornerstone of our society,” Rep. Mark Gundrum, R ? New Berlin, said in a press release.
Julaine K. Appling, Executive Director of The Family Research Institute of Wisconsin, said the institution of marriage must be preserved to ensure societal stability. She contends children can only thrive when both a man and woman head a family.
“When you mess with that unit, you are inviting difficulties, you are inviting problems,” Appling said.
The amendment must pass two consecutive legislative sessions before being passed by the public referendum in order to become law.
Sixty four percent of Wisconsin residents support a constitutional amendment defining marriage as being between a man and a woman while 29 percent are against one, according to a recent Badger Poll results. Sixty two percent of Wisconsin residents oppose legalizing gay marriage, whereas 30 percent support it.
Despite the fact that over a 2-to-1 margin is in favor of the amendment, passage could prove difficult as the two sides of the debate are preparing to fight hand and fist to define the legal boundaries of marriage.
“[This amendment] may make the gun controversy look like a Sunday School picnic,” Appling said.
Gov. Doyle vetoed legislation late last year that sought to define marriage as the union between one man and one woman. The Assembly failed to override the veto by one vote.
Opponents to the amendment argue that its successful passage will be the first time in Wisconsin history that the constitution is amended to discriminate against individuals’ civil rights. Additionally, they claim fears about the state of marriage in America is misguided and concerns should be targeting the divorce rate rather than gay civil unions as the problem.
“I think there is a lot of hypocrisy going on,” Eric Trekell, Director of the Lesbian, Gay, Bisexual and Transgender Campus Center, said. “If people are concerned about marriage and how it is a sacred institution, they need to eliminate divorce.”
