Wisconsin Supreme Court Rejects Case Seeking to Strip Away Domestic Partnership Protections

Decision Ensures Domestic Partnership Protections for Over 15,000 Wisconsin Same-Sex Couples 


(Madison, Wisconsin November 4, 2009) —Today, Lambda Legal and Fair Wisconsin applaud the Wisconsin Supreme Court’s decision to reject a lawsuit brought by Wisconsin Family Action, an antigay group attempting to strip away newly enacted domestic partnership protections for same-sex couples and their families.

“We are pleased that the Court has rejected this challenge to an important law that was validly enacted to protect Wisconsin families,” said Christopher Clark, Senior Staff Attorney in Lambda Legal’s Midwest Regional Office based in Chicago. “Because of today’s ruling, Wisconsin’s same-sex couples and their families who depend on domestic partnership protections can take care of each other in times of illness and crisis. Even with the discriminatory amendment excluding same-sex couples from marriage, the Wisconsin Constitution does not prevent enactment of laws that offer basic decency and security for couples.”

Fair Wisconsin, the statewide LGBT advocacy group, along with national and regional allies, recently helped enact these important domestic partnership protections for same-sex couples. Fair Wisconsin, vigorous opponents of the 2006 amendment banning marriage equality and civil unions, is defending the new domestic partnership law. Lambda Legal filed to intervene in the lawsuit on behalf of Fair Wisconsin and its members to protect the few but fundamental protections granted to same-sex couples through the domestic partnership law. After reviewing the case, Wisconsin Supreme Court dismissed the lawsuit.

“We are elated with this decision from the State Supreme Court,” says Executive Director Katie Belanger. “Over 15,000 same-sex couples in our state need the basic protections domestic partnerships provide.”

McConkey Oral Arguments

The Wisconsin Supreme Court heard oral arguments in the McConkey v. Van Hollen court case yesterday. This is the case that challenges the validity of the 2006 constitutional amendment banning marriage equality. McConkey asserts that by including two separate subjects in the ban (marriage and anything "identical or substantially similar") the structure of the amendment violates our state's single subject requirements for constitutional amendments and should therefore be struck down.

You can watch the full Supreme Court session online here.

The court is expected to make a decision in the case by summer.

Matthew Shepard Act Signed into Law!

Yesterday marked the historic passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. This groundbreaking piece of legislation that has been the work of so many, including our own Congresswoman Tammy Baldwin. An excerpt of President Obama's remarks at the bill signing is below. The full speech can be found here.

"...You know, as a nation we've come far on the journey towards a more perfect union. And today, we've taken another step forward. This afternoon, I signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. (Applause.)

This is the culmination of a struggle that has lasted more than a decade. Time and again, we faced opposition. Time and again, the measure was defeated or delayed. Time and again we've been reminded of the difficulty of building a nation in which we're all free to live and love as we see fit. But the cause endured and the struggle continued, waged by the family of Matthew Shepard, by the family of James Byrd, by folks who held vigils and led marches, by those who rallied and organized and refused to give up, by the late Senator Ted Kennedy who fought so hard for this legislation -- (applause) -- and all who toiled for years to reach this day.

You understood that we must stand against crimes that are meant not only to break bones, but to break spirits -- not only to inflict harm, but to instill fear. You understand that the rights afforded every citizen under our Constitution mean nothing if we do not protect those rights -- both from unjust laws and violent acts. And you understand how necessary this law continues to be.

In the most recent year for which we have data, the FBI reported roughly 7,600 hate crimes in this country. Over the past 10 years, there were more than 12,000 reported hate crimes based on sexual orientation alone. And we will never know how many incidents were never reported at all.

And that's why, through this law, we will strengthen the protections against crimes based on the color of your skin, the faith in your heart, or the place of your birth. We will finally add federal protections against crimes based on gender, disability, gender identity, or sexual orientation. (Applause.) And prosecutors will have new tools to work with states in order to prosecute to the fullest those who would perpetrate such crimes. Because no one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability.

At root, this isn't just about our laws; this is about who we are as a people. This is about whether we value one another
-- whether we embrace our differences, rather than allowing them to become a source of animus. It's hard for any of us to imagine the mind-set of someone who would kidnap a young man and beat him to within an inch of his life, tie him to a fence, and leave him for dead. It's hard for any of us to imagine the twisted mentality of those who'd offer a neighbor a ride home, attack him, chain him to the back of a truck, and drag him for miles until he finally died.

But we sense where such cruelty begins: the moment we fail to see in another our common humanity -- the very moment when we fail to recognize in a person the same fears and hopes, the same passions and imperfections, the same dreams that we all share.

We have for centuries strived to live up to our founding ideal, of a nation where all are free and equal and able to pursue their own version of happiness. Through conflict and tumult, through the morass of hatred and prejudice, through periods of division and discord we have endured and grown stronger and fairer and freer. And at every turn, we've made progress not only by changing laws but by changing hearts, by our willingness to walk in another's shoes, by our capacity to love and accept even in the face of rage and bigotry.

In April of 1968, just one week after the assassination of Martin Luther King, as our nation mourned in grief and shuddered in anger, President Lyndon Johnson signed landmark civil rights legislation. This was the first time we enshrined into law federal protections against crimes motivated by religious or racial hatred -- the law on which we build today.

As he signed his name, at a difficult moment for our country, President Johnson said that through this law "the bells of freedom ring out a little louder." That is the promise of America. Over the sounds of hatred and chaos, over the din of grief and anger, we can still hear those ideals -- even when they are faint, even when some would try to drown them out. At our best we seek to make sure those ideals can be heard and felt by Americans everywhere. And that work did not end in 1968. It certainly does not end today. But because of the efforts of the folks in this room -- particularly those family members who are standing behind me -- we can be proud that that bell rings even louder now and each day grows louder still."

Inaugural Global Equality Leadership Award Honors Congresswoman Tammy Baldwin

WASHINGTON, D.C. - October 21, 2009 - The Council for Global Equality joined Fair Wisconsin and Heartland Alliance for Human Needs & Human Rights in awarding Congresswoman Tammy Baldwin the first-ever Global Equality Leadership Award. The Council's first award is being presented jointly by all three organizations on October 20, 2009 in recognition of the Congresswoman's work to promote human rights for lesbian, gay, bisexual and transgender communities at the local, national and international levels.

Mark Bromley, the Council's Chair, noted that "through this award, we seek to recognize the human rights contributions of public officials who are standing with us to promote a strong U.S. foreign policy that is inclusive of sexual orientation and gender identity."

Katie Belanger, Executive Director of Fair Wisconsin, emphasized that "Congresswoman Baldwin's leadership has inspired us in Wisconsin. We are proud to have her represent the Badger State in Congress. Her vision for tolerance, dignity, and her support for international human rights has truly advanced our shared vision of tolerance and dignity, both for the citizens of Wisconsin and for the larger world."

Sid Mohn, President of Heartland Alliance, a Midwest-based human rights organization, noted that "Congresswoman Baldwin's decision to create an LGBT Equality Caucus in Congress has provided an essential venue to help educate Congressional staff in other offices about the human rights abuses that continue to deny basic rights and freedoms to so many LGBT individuals abroad."

In accepting the award, the Congresswoman noted that "in this year's annual human rights report, the State Department once again identified serious human rights concerns impacting LGBT people worldwide. With your help, and with the support of the LGBT Equality Caucus, we are beginning to ensure that the State Department has the tools, the personnel and the funding it needs to respond to this global human rights crisis. And we are accomplishing this while still fighting to secure full rights for LGBT Americans here at home."

The three organizations presenting the award share a commitment to basic rights for all LGBT individuals. The Council is a new coalition of fourteen leading advocacy organizations that are working together to promote human rights for LGBT communities in the United States and abroad. Fair Wisconsin fights for LGBT equality in Baldwin's home state of Wisconsin. And Heartland Alliance is a human rights service provider that offers direct service to vulnerable LGBT populations within the U.S. and in more than 12 countries of danger around the world.

Photos of the award presentation may be downloaded from the Council's website at www.globalequality.org.

Fair Wisconsin in Stevens Point!

Last Thursday, Fair Wisconsin hosted yet another event celebrating the passage of domestic partnership protections in the state budget, this time in the heart of the Badger State. We were amazed at the strong outpouring of support, with almost 60 attendees!

The event, held at "The Garage" at Emy J's, was cosponsored by PFLAG Point and the UW-Stevens Point Faculty/Staff Gay-Straight Alliance. We were thrilled to see so many couples, individuals, allies and families (including little Astrid, who insisted on sharing the stage with Katie as she addressed the attendees). A notable guest was pro-fairness Representative Louis Molepske. For more reading, check out Nicole Strittmater's Stevens Point Journal article about the event.

We look forward to working more closely with all the wonderful couples and supporters we met with Thursday night! Thanks, everyone, for making it such a fantastic occasion!

Coming Out Week at UW-Whitewater

The following is a guest post from Heather Murray, our Chair of Students for a Fair Wisconsin-Whitewater:

Our first event for Students for a Fair Wisconsin here at Whitewater was a showing of Lambda Legal's short documentary 'Overruled!' After the twenty-minute film the executive board led a discussion with the audience, asking them various questions about the film and their thoughts about the issue presented. In return, the audience was allowed to ask the executive board questions as well.

We could not have asked for a better turn out. Aiming for 30 students, we hung up numerous flyers, set up an interview with the school paper, handed out quarter sheets, sent out emails to different departments and organizations, and even talked it up in our own classes and groups of friends. Our organization more than doubled our goal, with 65 in attendance, and the response from the audience during the discussion was fantastic!

Congratulations, Heather, on a great event at UW-Whitewater! Want to find out more about the Students for a Fair Wisconsin chapter at your campus? Contact me at tim.ewing@fairwisconsin.com.

Congratulations, Katie Belanger!

Last night, Fair Wisconsin's Executive Director Katie Belanger was presented with the Democratic Party of Wisconsin's Rising Star Award at their annual Eleanor Roosevelt Tribute event honoring the unique contribution of women in politics.

To learn more, click here.

Katie was honored for her work with Governor Doyle, Congresswoman Tammy Baldwin, and the Democratic Leadership Institute, as well as her accomplishments as Fair Wisconsin's Legislative Director and now Executive Director. The Rising Star award is given each year to a woman under the age of 30 who has exhibited exceptional leadership and commitment to progressive politics.

Congratulations, Katie!

Fair Wisconsin in La Crosse

On Saturday, October 10th, I had the honor of presenting at 7 Rivers LGBT Resource Center's annual Coming Out for Equality Gala in La Crosse. Rosanne St. Sauver, Executive Director of 7 Rivers, and her crew of volunteers put together a fabulous event at the Radisson Center--including a cake for registered domestic partners.

In the spirit of the evening, I opened the speech with an introduction about my own coming out experience, tracing my own family's journey from initial feelings of fear and disappointment to their present activism on behalf of Fair Wisconsin. I then spoke about the domestic partnership protections and the major role Fair Wisconsin played in shepherding them through the budget process. I was thrilled to see that several couples in the room had registered as domestic partners in La Crosse and the surrounding area.

Also presenting was Philip, a sophomore student from Logan High School in La Crosse, where he is actively working to start a gay-straight alliance. Philip talked about his own experiences coming out as an eighth-grader and the difficulties he's faced at school, but also about his support networks and how he is striving to make his community a more welcoming environment. I just hope we can convince him to get involved with Students for a Fair Wisconsin when he gets to college!

The Coming Out for Equality Gala was a fantastic conclusion to National Coming Out Week (October 4th - 11th). Thanks, Rosanne and 7 Rivers!

Weekend Update: National LGBT News

Tammy Baldwin Honored as one of 31 Icons for GLBT history month.
The 31 Icons, living or dead, are selected for their achievements in their field of endeavor, their status as a national hero, or their significant contribution to GLBT civil rights. Equality Forum solicits nominations from state, national and international organizations and activists.

Washington DC Council to Consider Same-Sex Marriage
By IAN URBINA
Washington could become the first US city to leagalize same-sex marriages ‘South of the Mason-Dixon line’.

Obama to End 'Don't Ask, Don't Tell
By CHRISTINE SIMMONS (AP)
At the National HRC dinner, President Obama promises repeal of Don’t Ask Don’t Tell and DOMA, pushing to pass ENDA legislation, and talks about unions between same-sex couples.
…that’s why I support ensuring that committed gay couples have the same rights and responsibilities afforded to any married couple in this country. I believe strongly in stopping laws designed to take rights away and passing laws that extend equal rights to gay couples. I’ve required all agencies in the federal government to extend as many federal benefits as possible to LGBT families as the current law allows. And I’ve called on Congress to repeal the so-called Defense of Marriage Act and to pass the Domestic Partners Benefits and Obligations Act. And we must all stand together against divisive and deceptive efforts to feed people’s lingering fears for political and ideological gain.
–President Obama 10.10.09
Full text of the President’s speech available here

Congress acts to extend hate crimes to cover LGBT community
By JIM ABRAMS (AP)
This week, the House of Representatives Passed the Matthew Shepard Hate Crimes Prevention Act as a part of the Fiscal Year 2010 National Defense and Authorization Act. This bill makes it a federal crime to commit a hate crime and will give local and state agencies resources to prevent and prosecute hate crimes. It now goes to the President to be signed into law. Read the full news story here.

Pew Survey says Americans in favor of civil unions, but not marriage
(AP)
The Pew Research Center said support for civil unions has risen to 57 percent, up from 54 percent a year ago and 45 percent when the question was first asked by Pew in 2003… The telephone survey of 4,013 adults was conducted in August. The margin of error for the full sample was 2 percentage points.
Read the story
Access the report

State Senator Introduces Bill in Support of Same-Sex Marriage in Illinois
by Angela Caputo
State Sen. Heather Steans, D-7th District, introduced the Equal Marriage Act (SB 2468) in partnership with a similar bill on the House side. This bill would grant same-sex couples full marriage rights in Illinois. Full Story

Help Protect Marriage Equality in Iowa and Maine!

This has been an incredible year for the LGBT community across the nation. In addition to the Iowa Supreme Court decision granting marriage equality and pro-fairness legislatures in Maine and Vermont legalizing same-sex marriage, both Wisconsin and Nevada secured statewide domestic partnership protections for same-sex couples, Colorado enacted designated beneficiary legislation, and three major Midwest cities -- Cleveland, Duluth and St. Paul -- established a city-wide domestic partner registry.

However, thanks to anti-gay organizations, our friends in Maine and Iowa are facing the threat of constitutional bans similar to the one passed in Wisconsin three years ago.

The National Organization for Marriage, an anti-gay advocacy organization, is currently organizing support in these states for a constitutional amendment that would take away freedom to marry for Maine and Iowa couples. Protect Maine Equality and OneIowa are calling on volunteers across the nation to help engage, empower and activate supporters of equality to fight these attacks on equality!

Both OneIowa and Protect Maine Equality will be coordinating phone banks to encourage voters to oppose the marriage bans in these states. Wisconsin volunteers will be able to make phone calls from the comfort of their own homes.

To help make phone calls for our neighbors in Iowa, please contact Joe Nydle at joe@oneiowa.org. Joe will send you instructions on how to log in to the OneIowa website. To phonebank for marriage equality in Maine, sign up for a volunteer shift at www.protectmaineequality.org/phoneformaine.