If the state Assembly passes an amendment banning gay marriage Tuesday, Wisconsin citizens would voice their opinions on this controversial issue and vote in a statewide referendum next November. However, a passing of the amendment could have strong repercussions for straight couples as well as gay ones.
The amendment states all straight and gay unmarried couples would not be able to gain 'a legal status identical or substantially similar to that of a marriage.' Critics say this will make all civil unions illegal.
Ingrid Ankerson, spokesperson for Action Wisconsin, said she believes the vague language of the amendment will result in numerous lawsuits and leave its interpretation up to the states courts.
'Judges are going to need to decide what 'substantially similar' is,' Ankerson said.
Under current Wisconsin law, marriage is defined as a contract between a man and a woman. Mike Prentiss, spokesman for state Rep. Scott Fitzgerald, R-Juneau, said supporters of the amendment are simply trying to move the state's current law into the constitution.
Prentiss claims Wisconsin needs this amendment to protect its citizens from actions of courts outside of the state. He said courts could try and essentially invalidate Wisconsin's current marriage laws.
However, state Rep. Joe Parisi, D-Madison, said the amendment's repercussions reach far outside the gay community.
'There are other consequences to this amendment; it's much more than just the ban on same-sex marriage. The Republicans like to portray this as a ban on same-sex marriage, but it's a ban on domestic-partner relationships,' Parisi said.
The city of Madison currently offers domestic-partner benefits to their employees. Ankerson said these benefits would be put in jeopardy under this amendment.
Parisi said this amendment will prevent big-name companies from locating in the state and hurt Wisconsin economically.
'It's going to signal to business and to young people looking for places to live after college that this is an intolerant state. It's not only going to harm us socially, it's going to hurt us economically,' Parisi said.
Ankerson also warned Wisconsin about the unintended effects if the state's own amendment passed. In Ohio, where a similar amendment was recently enacted, a judge ruled domestic charges could not be filed against unmarried people, whether they were gay or straight.
Prentiss said the amendment will not strip rights away from unmarried couples. 'We don't feel that anything in our amendment would prohibit future legislators from passing legislation granting certain privileges to same-sex couples or unmarried heterosexual couples,' he said.
