Wednesday, September 23, 2009

Gay Group to Ask Wisconsin Supreme Court to Reject Challenge to State's Domestic Partnership Law

Fair Wisconsin will ask the Wisconsin Supreme Court to reject a challenge to the state's domestic partner law by Wisconsin Family Action, which wants the law declared unconstitutional, The Northwestern reports:

"Nine-hundred seventy couples have been added to the registry since the law went into effect in August, Department of Health Services spokeswoman Stephanie Marquis said. Registering gives them limited legal protections such as the right to visit each other in the hospital, take medical leave to care for an ill partner and inherit assets when a partner dies. 'We are filing to intervene so that we can protect the interests of our members who have a really important need for these protections,' said Katie Belanger, executive director of Fair Wisconsin. 'We’re confident the court will make a fair and just decision, and we want to make sure we can assist in that process.' Members of Wisconsin Family Action, a social conservative group, claim in the lawsuit the registry violates the constitutional ban on gay marriage and civil unions approved by voters in 2006."

Madison attorney Lester Pines, who is representing the state, plans to ask the same of the court, independent of Fair Wisconsin's request. Pines was hired after Attorney General J.B. Van Hollen refused to defend the state last month, saying he doesn't like the domestic partner law.

Lambda Legal Attorney Christopher Clark feels the facts of the case would be better served in a lower court:

"He said Fair Wisconsin wants to show how supporters of the amendment told voters in 2006 it would not prohibit governments from offering domestic partner benefits. Such fact-finding is typically done in a trial court."

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