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Copyright (c) 2009 Ginny Maziarka. All rights reserved.

Friday, August 21, 2009

Van Hollen declares same-sex registry unconstitutional; refuses to defend state

And so it goes.

Today Attorney General J.B. Van Hollen announced he will not be defending the state against Wisconsin Family Action’s (WFA) legal challenge to the statewide, same-sex domestic partnership registry in Appling v. Doyle. Van Hollen’s statement leaves no question as to his opinion of the constitutionality of the domestic partnership registry.

"In November 2006, Wisconsin voters amended our State Constitution to declare that marriage was between one man and one woman. The amendment prohibits our government from recognizing any other legal status substantially similar to marriage. But the general domestic partnership provisions contained in Act 28 do just that recognize a legal status that is substantially similar to the legal status of marriage…My oath isn’t to the legislature or the governor. My duty is to the people of the State of Wisconsin and the highest expression of their will — the Constitution of the State of Wisconsin. When the people have spoken by amending our Constitution, I will abide by their command. When policymakers have ignored their words, I will not."

Here, here.

5 comments:

beesbess said...

I am ashamed that this man represents our state.

DanBack said...

Equal protection under the law. Majority vote doesn't matter when it comes to undermining the Constitution. I'm sure if you put equal rights for blacks to a vote in Alabama in 1950 the majority wouldn't have been for it either.

Non-Censor said...

Although a little vague, the amendment approved by Wisconsin voters can be taken to prohibit recognition of Domestic Partnerships. The attorney general's actions appear to be a bit of pandering, since it doesn't make any sense to either side to try to prevent the state Supreme Court from clarifying whether Domestic Partnership is "substanially similar" to marriage, as the amendment implies.

I would agree with DanBack that the Equal Protection clause of the US Constitution would appear to support same-sex marriage. But that has not yet been decided by the US Supreme Court --- a case about that is just getting started, and nobody's taking bets on the outcome.

Marjorie said...

I can't understand why people calling themselves Christians work so hard to make life difficult for other people who are minding their own business.

They also try to make life more difficult for the children being raised by gay couples.

What exactly does this get you?

The drive to control the lives of others completely mystifies me. Don't you have enough work to do raising your own families without pouring energy into tearing other families apart?

Loki Motive said...

I do not understand the need to completely ghettoize same sex partnerships. You have won a ban on Same Sex Marriages and even a ban on Civil Unions. And yet you can't let domestic partners have this one small scrap from the table.