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Archived: Oct 16, 2006

Pushes for and against amendment strengthen

As election nears, groups clash over gay marriage

By Bryan Pfeifer

As the Nov. 7 state referendum regarding a proposed constitutional ban of same-sex marriage, civil unions and domestic partnerships draws near, organizations throughout the state are working around-the-clock to get their message out.

The UW System Board of Regents passed a resolution Oct. 6 formally opposing the proposed constitutional ban with support from student groups. The United Council of UW Students, the statewide student association representing more than 125,000 students on 21 UW campuses, claims thousands of students are working to defeat the referendum through the council itself and a number of diverse campus organizations.

The referendum will read: "Marriage. Shall section 13 of article XIII of the constitution be created to provide that only a marriage between one man and one woman shall be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state?"

In an effort to create educational awareness about the amendment, the Lesbian, Gay, Bisexual, and Transgender (LGBT) Resource Center at the University of Wisconsin-Milwaukee constructed a "marriage-equality maze" in the Union concourse during Coming Out Week, Oct. 9-13.

The maze was built to bring attention to the rights, responsibilities and protections that would be denied to Wisconsin families if the proposed constitutional amendment passes. A marriage license extends over 1,000 rights, benefits and responsibilities under federal law and nearly 200 more under Wisconsin law, said Colin Marshall and Bradley Foss, peer outreach coordinators at the center. These include the ability to share health and retirement benefits, take bereavement leave in the case of a death in the family and file joint tax returns and the right to private visits in long-term care facilities.

Before a proposed referendum can be put to a public vote to make any changes or additions to the state constitution, it must pass both the state Assembly and state Senate in two consecutive sessions in each house. The referendum's language must stay the same in each session. The governor has no veto power over a referendum.

The main organization working to pass the amendment is Vote Yes for Marriage, which is closely associated with the Madison-based Wisconsin Family Research Institute, whose goal is to preserve and strengthen marriage and family.

“Wisconsin without an amendment is one lawsuit away from becoming another Massachusetts,” said Julaine Appling, Wisconsin Family Research Institute CEO and president of Wisconsin’s Vote Yes for Marriage. “I will guarantee you within a relatively short period of time that will challenge state statutes. It’s not a risk Wisconsin is willing to take.”

She claims that even without the legal recognition of gay marriage, those who seek benefits through legal means such as getting permission to visit a partner in the hospital are allowed to do so as long as the paperwork is filled out prior to the incident.

“They can go to an attorney to get a will drafted, buy joint land, get a judiciary power of attorney, hospital visitation and guardianship for children,” Appling said. “These benefits are not directly tied to marriage. They are free to enter into them regardless of legal status of marriage.”

On the other hand, labor unions worry the amendment could have consequences for organized labor regarding collective bargaining, said Sheila Cochran, president of the Milwaukee County Labor Council. Cochran emphasized that after a constitutional ban in Michigan passed, the state attorney general ruled that the new measure overturned domestic partner benefits — many of which have been in place for years in many cities. Then, basing their actions on the state attorney's decision, Kalamazoo city administration refused to offer health care coverage to domestic partners of city employees.

In addition to the Milwaukee County Labor Council, many other Wisconsin private and public-sector labor unions are on record opposing the ban including AFSCME, which represents some bargaining units at UW System campuses including UWM.

Appling argues, currently businesses have the option of giving benefits to gay couples but if the amendment goes through it may be mandatory to give them to everyone.

“(Then) businesses are forced to make decisions of no coverage. The people then being denied coverage are those in heterosexual relationships,” said Appling.

As far as large campaigns are concerned, FAIR Wisconsin, the statewide coalition leading opposition to the ban, has several paid, full-time student organizers as well as volunteer coordinators working on about 20 campuses around the state including UWM, said Rachel Strauch-Nelson, FAIR Wisconsin media coordinator.

Strauch-Nelson says hundreds of faith-based, labor and community organizations are engaging in statewide actions to defeat the referendum including activities such as community forums, door-to-door canvassing, educational house parties and rallies.

African American leaders in Madison and Milwaukee such as the civil rights leader Vel Philips and U.S. Sen. Gwen Moore are among those opposed to the amendment and signed a statement Oct. 4 voicing their opinion.

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Referendum:

"Marriage. Shall section 13 of article XIII of the constitution be created to provide that only a marriage between one man and one woman shall be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state?"

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