2017 Wisconsin Statutes & Annotations
Chapter 770. Domestic partnership.
770.001 Declaration of policy.
770.001 Declaration of policy. The legislature finds that it is in the interests of the citizens of this state to establish and provide the parameters for a legal status of domestic partnership. The legislature further finds that the legal status of domestic partnership as established in this chapter is not substantially similar to that of marriage. Nothing in this chapter shall be construed as inconsistent with or a violation of article XIII, section 13, of the Wisconsin Constitution.
NOTE: This section is repealed eff. 4-1-18 by 2017 Wis. Act 59.
Chapter 770 is constitutional based on the presumption of constitutionality, the plaintiffs' failure to meet the burden of proof, and the evidence reviewed from the drafting and ratification process. The plain language of the amendment prohibits only a status “identical or substantially similar to" marriage, and by implication it does not prohibit what is not identical or substantially similar thereto. There are important statutory distinctions in the way the state treats marriage and domestic partnerships and important differences in the lists of benefits and obligations that inhere in the two types of relationships. Appling v. Walker, 2014 WI 96, 358 Wis. 2d 132, 853 N.W.2d 888, 11-1572.
Understanding Domestic Partnerships in Wisconsin. Sweet. Wis. Law. Nov. 2009.
