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Sunday, September 28, 2025

Close to home: For two gay lawmakers, fighting the same-sex marriage ban is more than political

Two openly gay legislators with their roots firmly planted in Madison's political community are taking on an amendment that would add Wisconsin to the list of nearly 20 other states with a ban on gay marriage and civil unions. They are battling to educate constituents, establish personal ideals and shape the face of Wisconsin's Constitution. 

 

 

 

U.S. Rep. Tammy Baldwin and state Rep. Mark Pocan, who both represent Madison, said the proposed gay marriage ban scheduled for the November ballot is unnecessary and was only proposed as a political tool to bring out a certain type of voter to help the Republican cause. 

 

 

 

Both plan to stage a statewide educational campaign to inform Wisconsin citizens of the fine details of the amendment that they say most people do not understand. 

 

 

 

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There are policies [in the bill] that would affect protections to unmarried couples, including straight couples who are not married,\ Baldwin said. 

 

Baldwin said she enjoys having the opportunity to educate her congressional colleagues about the discrimination that exists against homosexuality and same-sex marriage.  

 

Pocan said that although he has a personal attachment to the issue, straight legislators also feel strongly about it. 

 

""For the 16 hours that the issue was argued in session, there were only 15 minutes of defense,"" he said. 

 

The bill received a heated overnight debate two months ago. It was approved 62-31, leaving the fate of same-sex marriage, or any marriage-like status, in the hands of Wisconsin citizens in the voting booths next November.  

 

Pocan added that after the debate, some of his Republican counterparts thanked him for his remarks and told him to ""not take it personal."" 

 

 

 

Pocan also said that several Republicans—members of the party that proposed the gay marriage ban—expressed personal views about the issue that did not align with the stance desired by their party. 

 

 

 

""[The representatives] have to vote with their party,"" Pocan said, ""[but] I believe in the people more than in the Legislature.""  

 

During the heated session, many Democrats stood by Pocan and protested against the amendment. 

 

 

 

State Rep. David Travis, D-Waunakee, said the gay rights debate is comparable to past struggles for civil rights and womens' rights. 

 

 

 

""This would be the first time in Wisconsin history or American history that the Constitution would be amended to allow discrimination,"" he said. 

 

 

 

Pocan said he takes heart in sentiments like these from his Democratic allies, and in the more than 1,000 positive contacts he received while petitioning statewide against the state government to not change the state's constitution.  

 

 

 

The strongest response Pocan received was from his own district—Madison. Pocan said he draws strength from the support and involvement of his constituents.  

 

 

 

Pocan is originally from the Kenosha area and attended UW-Madison, where he worked on several campaigns for the College Democrats. After graduating, he stayed in Madison and opened a small business specializing in custom-made signs and T-shirts. 

 

 

 

He was elected to the Dane County Board in 1991 and served three terms. He was then elected to the state Legislature in 1996. Pocan said he is proud to represent the town that put him in public office.  

 

 

 

""Madison is a town that is easy to live in, and it has a big city feel,"" Pocan said. 

 

 

 

Much like Pocan, Baldwin also has strong ties to the district she represents. She grew up in Madison and came back to UW-Madison for law school. 

 

 

 

Baldwin was the first openly gay U.S. representative to be elected. Aside from gay rights, she is also a crusader for health care reform. 

 

 

 

She held Pocan's seat in the state Legislature before being elected to Congress in 1998.  

 

 

 

Baldwin said she agrees that passing the amendment would not only be discriminatory, but would also violate principles of Wisconsin's Constitution. 

 

 

 

""As a former state legislator, we would swear to uphold the Wisconsin Constitution. That's a part of the oath of office, so it's very meaningful to me,"" Baldwin said. ""It's important to me that I live in a state with a Constitution that does not discriminate and if this amendment were to pass, that would end and that would be tragic.""  

 

 

 

Director of the Lesbian Gay Bisexual Transgender Campus Center Eric Trekell said that having Baldwin and Pocan representing Madison does not eliminate concerns about discrimination and harassment directed towards members of the LGBT community.  

 

 

 

""We're fortunate to have both Mark and Tammy here as LGBT legislators and politicians. I don't think this means it's easier for us,"" he said. ""We still have issues of harassment to deal with. There is a correlation between anti-gay political rhetoric and violence toward LGBT people. And as anti-gay rhetoric heats up, violence will increase next fall as well."" 

 

 

 

While upholding the Wisconsin Constitution and gay marriage rights are important issues for both Pocan and Baldwin, Baldwin said she recognizes the work for anti-discrimination legislation does not end with defeating this amendment. 

 

 

 

This is reflected in the bills she is sponsoring—including employment non-discrimination acts and hate crime bills. Both seek to penalize those who victimize others based on sexual orientation, disability or gender. 

 

 

 

The focus, however, remains on the marriage amendment that could add Wisconsin to the 19 other states with gay marriage bans. 

 

 

 

Pocan said that since this is a big election year—with both gubernatorial and legislative elections on the November ballot—gay marriage will be one of the main issues.  

 

 

 

However, he said he questions whether Wisconsin citizens even consider banning gay marriage to be a priority. 

 

 

 

""When people are surveyed and asked what their main issues of concern are, gay marriage is rarely brought up,"" Pocan said. ""However, when gay marriage is put on a list—then it is ranked as a No. 1 or 2 issue. It is made a political issue."" 

 

 

 

Pocan and Baldwin remain hopeful that Wisconsin will not join the ranks of states that have banned gay marriage. 

 

 

 

""This bill disenfranchises a lot of people. It is mean spirited to go after people for political gain,"" Pocan said. ""Wisconsin values are not about hurting families."" 

 

 

 

Baldwin acknowledged that it will not be easy for her to educate the public. However, she agreed with Pocan, saying she has faith in the people of the state, and that Madison residents recognize that the state Constitution should not be amended to take away rights. 

 

 

 

""We could be the first state in the country to fight one of these back,"" she said. 

 

 

 

For these gay lawmakers it can be difficult to convince opponents that their political positions do not depend soley on their sexuality. 

 

 

 

Though Pocan said his dedication to this issue is often attributed to personal attachment, it is about much more—it is about upholding the values of the state's Constitution.

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