Wisconsin now has the distinction of being the first Midwestern state to enact domestic partnership protections through the Legislature, but this title may be short-lived.

Beginning Aug. 3, hundreds of same-sex couples across the state signed up for the domestic partnership registry maintained by the Wisconsin Department of Health Services. This registry was created by the biennium budget by Gov. Jim Doyle.

According to DHS, domestic partnership in Wisconsin means a couple can gain certain legal protections by registering their relationship with the state. Some of these rights include inheritance and survivor protections if one partner dies, family and medical leave allowances, and hospital and visitation rights.

To declare their domestic partnership, a same-sex couple needs to apply at the office of their county clerk. Couples registering need to present a copy of their respective certified birth certificates and social security numbers, a current photograph ID and proof of residence for that county.

According to DHS spokesperson Stephanie Marquis, the domestic partnership registration fee will vary by county, but it will cost the same as the marriage license fee. Marquis added $25 of the fee will go to the state’s general fund, while the rest stays in the county.

Wisconsin Family Action, however, is questioning the legality of these benefits. In 2006, Wisconsin voters passed a constitutional amendment banning same-sex marriage in the state and WFA is contesting that the rights offered by domestic partnerships are too like those given through marriage.

Julaine Appling, president of WFA, said they are filing a suit against Doyle and the state because they believe Doyle is ignoring the will of the people and catering to his own interests.

“The type of domestic partnership situations we have now were not what the governor proposed originally, which was a legal status,” Appling said. “Nobody envisioned this type of registry.”

Appling also applauded Attorney General J. B. Van Hollen, who announced Aug. 21 he will not represent the state in the lawsuit.

Van Hollen said in a statement he would not represent the state because he concluded the domestic partnership registry does violate the state’s Constitution.

“I will not ignore the Constitution,” Van Hollen said. “My oath isn’t to the Legislature or the governor. My duty is to the people of the state of Wisconsin and the highest expression of their will: the Constitution of the state of Wisconsin.”

Van Hollen added his decision has nothing to do with his personal opinion on the matter and that he routinely prosecutes and defends laws in an impartial manner because it is his job.

Doyle released a statement in regard to Van Hollen’s decision, saying it is Van Hollen’s job to defend the state when possible — regardless of personal opinion.

“Clearly this is defensible,” Doyle said in the statement. “Constitutional law experts have examined the domestic partnership registry and believe it is sound and not in conflict with the state Constitution.”

On August 25, Lester Pines, a Madison attorney from the firm Cullen, Weston, Pines and Bach, was appointed by Doyle as the state’s defense.