The Wisconsin domestic partnership law has survived a constitutional challenge, at least for now. The law, passed in 2009, allows same-sex couples who share the same residence to register as domestic partners. Shortly after the law took effect, Family Action Wisconsin filed a lawsuit seeking to have domestic partnerships declared unconstitutional. The group argued the law violated a 2006 Wisconsin constitutional amendment that declares marriage in the state to be between one man and one woman. The amendment denies state recognition of any legal status that purports to confer rights and benefits substantially similar to marriage.
Defendants in the lawsuit, who include a former Wisconsin governor, argued the domestic partnership law did not grant substantially similar rights. They pointed to 33 specific differences between domestic partnerships and marriage, including differences in how domestic partnerships are treated under existing family law. For example, the law makes no provision for property division when a same-sex partnership ends. The Wisconsin Court of Appeals agreed with the defendants. The plaintiffs have vowed to appeal to the state’s Supreme Court.
While registered domestic partners in Wisconsin do not have all the rights of married couples, there are some benefits. Registering as a domestic partnership allows a couple to own property as joint tenants, inherit property through the laws of intestacy, and take leave under the state’s Family and Medical Leave Act when one partner is ill.
Because domestic partners are not treated the same as married couples, individuals wishing to register a domestic partnership are advised to consult with a knowledgeable family law attorney first. The attorney can help by drafting a domestic partnership agreement to address issues not covered by the law, like how property division will be handled if the relationship ends.
Source: State Bar of Wisconsin, “Wisconsin’s Domestic Partnership Law Survives Constitutional Challenge,” Joe Forward, Jan. 2, 2013
