Wednesday, November 01, 2006

Should constitution define marriage? - WISCONSIN LAW JOURNAL

By April Rockstead Barker
Special to Wisconsin Law Journal

Nov. 1, 2006

The proposed amendment to the state constitution that will be on the Nov. 7 ballot has attorneys from many areas of practice considering its purposes and potential effects.

The amendment would create a section of article XIII of the state constitution that would provide that “only a marriage between one man and one woman shall be valid or recognized as a marriage” in Wisconsin.

It also would provide that “a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized” in the state.


Erik R. Guenther, who practices with Hurley, Burish & Stanton SC in Madison and who also serves as the vice president of the ACLU of Wisconsin board of directors as well as the chair of the Individual Rights and Responsibilities Section of the State Bar of Wisconsin, said that the proposed amendment would run afoul of the constitution’s purpose.

“In Wisconsin, there’s never been language in our constitution or any of its amendments that’s there to discriminate,” he said, adding that the proposed amendment “would paint a large black mark on a document that’s there to advance liberty” and to uphold equality.

The full article is available here.