In an attempt to nullify the controversial second sentence of the passed gay marriage ban that prohibits same-sex couples from forming anything similar to a marriage, state Senator Jon Erpenbach, D-Middleton, recently introduced an equal rights amendment that would bolster Article I, Section I of the Wisconsin Constitution to guarantee equal protection for citizens regardless of sexual orientation.
The bill would add to the state constitution that, ""no law shall discriminate on the basis of sex, gender, race, color, sexual orientation, disability, religion, national origin, marital status, family status, age, or ancestry.""
Representative Mark Gundrum, R-New Berlin, author of the ban, said he expects Erpenbach's bill will not get through the state Assembly. Furthermore, Gundrum disputes the gay marriage ban denounces civil rights of homosexuals.
""Please ask Sen. Erpenbach to produce one court decision in Wisconsin—even showing a case that's been filed in court would be appreciated—showing where the recently enacted amendment has taken away one single right of anyone in this state. The amendment was designed to and will simply maintain the status quo exactly as it existed before the amendment was passed,"" Gundrum said.
Since the ban's inception in November, Wisconsin courts have not seen a case where the amendment directly takes away rights of individuals. However, opponents of the gay marriage amendment point to problems that arose in other states, such as Michigan and Ohio, after passing similar legislature.
""We have seen examples of the freedoms and liberties we cherish being eroded,"" Erpenbach said in a statement about such problems.
Madison area Attorney Victor Arellano, who practices constitutional law, said there might be stronger alternatives for opposing the gay marriage ban.
""If [Erpenbach's] trying to find a way to circumvent the gay marriage statute ... I'm not sure that this is the way to go,"" Arellano said. ""The best challenge would be to bring a claim in federal court.""
Mike Prentiss, spokesperson for Rep. Scott Fitzgerald, R-Juneau, and co-author of the gay marriage ban, said the protections Erepenbach proposes are ""already codified in state statute.""
Prentiss added, despite what Erpenbach and friends say, the gay marriage ban does not close the door on the rights gay rights groups advocate for and often fear losing. ""The nonpartisan council said that nothing in the amendment would prohibit civil unions, legal agreements and health care protection,"" Prentiss said.
Fair Wisconsin, a group that advocates gay rights, views Erpenbach's legislation as valiant effort at a short-term stand against the ban and plans to ""monitor"" the bill, but believes more long-term work lay ahead for their organization, according to Interim Executive Director Josh Freker.
State Legislature will vote on Erpenbach's addition to the constitution in coming weeks.
