Same-sex marriage in Wisconsin
Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.
A bill that the Family Research Institute (FRI) called a "statutory endorsement of traditional marriage" was proposed in the Wisconsin Legislature in 1997.
The applicability of the law to same-sex marriages was disputed, since it was designed to prevent fraud on the part of someone too young to marry legally in Wisconsin.
[18] In December 2023, senators Tim Carpenter and Mark Spreitzer announced their intention to file a constitutional amendment to repeal the ban and make appopriate changes in statutory law.
[19] William McConkey, a political science instructor filed a lawsuit, McConkey v. Van Hollen, on April 9, 2009, with the Wisconsin Supreme Court, charging that the 2006 referendum which banned both same-sex marriage and civil unions in the state, violated the State Constitution because it proposed more than one question in a single ballot proposal, which is illegal under Wisconsin law.
They claimed the state's "parallel civil marriage and domestic partnership structure" denied them access to federal benefits.
They also challenged Wisconsin's statute imposing criminal penalties on residents who contract in other jurisdictions a marriage that is not recognized by the state.
[30][31] The case was assigned to U.S. District Judge Barbara Brandriff Crabb, who ruled on June 6, 2014 that the state's constitutional and statutory restrictions on same-sex marriage interfere with the fundamental right to marry, violating the Due Process Clause of the Constitution of the United States, and discriminate on the basis of sexual orientation, violating the Equal Protection Clause.
[33][34] Renee Currie and Shari Roll were the first couple to be issued a license in Madison, and were married minutes later just a few blocks away from the Wisconsin State Capitol.
The Milwaukee County Executive, Chris Abele, said he would keep the courthouse open until 9 p.m. so same-sex couples could be issued marriage licenses.
Van Hollen,[36] Crabb stayed enforcement of her decision while expressing disappointment that recent action by the U.S. Supreme Court in the Utah case of Kitchen v. Herbert compelled her to do so.
[39] On September 4, the Seventh Circuit, in a unanimous opinion authored by Judge Richard Posner, upheld the district court decision.
[44][45] Same-sex couples began marrying in Wisconsin the following day, Tuesday, October 7, 2014, after the Seventh Circuit and the District Court issued their mandates.
Karen Gotzler, the executive director of the Milwaukee LGBT Community Center, welcomed the court decision, "It's really a joyous day for us."
Joseph Czarnezki, the Milwaukee County Clerk, said "We're expecting an influx of people, same-sex couples, who desire to get married.
"[52] While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.
Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.
[60] The Ho-Chunk people have traditionally recognized two-spirit individuals, known in their language as teją́cowįga (pronounced [teˈdʒãtʃowĩga]), which translates to "blue ocean woman".
[61] They were believed to have been blessed by the spirit of the Moon, and were "holy and highly respected for special gifts such as prophesy, healing, artistry, and excelling at women's tasks".
[62] Potawatomi society has traditionally recognized two-spirit individuals, known as mnedokwé (pronounced [mnədoˈkʷɛ], plural: mnedokwék),[63] who "sought out female company" from an early age, possessed the "work skills" of both sexes, "talked like women", and were regarded as "esteemed persons with special spiritual powers".
