MADISON, Wis. (AP)-- A group of same-sex couples has filed a federal lawsuit challenging Wisconsin's ban on gay marriage.
The American Civil Liberties Union filed the lawsuit for the couples in federal court in Madison on Monday morning. The lawsuit argues that 17 states and the District of Columbia allow same-sex couples to marry. It goes on to say Wisconsin's ban deprives same-sex couples of the legal protections afforded married couples for no reason other than their sexual orientation and gay Wisconsin couples who go out-of-state to marry could face prosecution when they return.
The lawsuit names Gov. Scott Walker and Attorney General J.B. Van Hollen as defendants. Spokespeople for both Walker and Van Hollen didn't immediately return messages.
A 2006 amendment to the Wisconsin Constitution bars gay marriage or anything substantially similar.
(RELEASE FROM ACLU OF WISCONSIN)--The American Civil Liberties Union, the ACLU of Wisconsin and the law firm of Mayer Brown filed a federal lawsuit today on behalf of four same-sex couples who wish to marry in Wisconsin or are seeking recognition for their legal out-of-state marriages.
The plaintiffs include Roy Badger and Garth Wangemann of Milwaukee, who have been together 37 years. Three years ago Wangemann had much of his right lung removed after being diagnosed with lung cancer. Following the operation, a complication occurred and he was put into a medically induced coma for nearly a month. His progress was uncertain, and Wangemann’s father attempted to override Badger’s power of attorney to have his son taken off life support. Before that could happen, Wangemann recovered.
“What upset me the most was that after all of our time together, our relationship was not fully recognized by my family and there was a real danger that my wish to give Roy the ability to make decisions about my care could be stripped away,” Wangemann said. “Thankfully, our wishes held in this case. But without the protections that come with marriage, the consequences can literally be a matter of life or death.”
Other plaintiffs in the case are Carol Schumacher and Virginia Wolf of Eau Claire; Charvonne Kemp and Marie Carlson of Milwaukee; and Judi Trampf and Katy Heyning of Madison.
Wisconsin’s ban on marriage for same-sex couples prevents them from securing the hundreds of protections that state law provides to married couples. Wisconsin law subjects same-sex couples to an additional harm that is unique among states that deny same-sex couples the freedom to marry. The only way for Wisconsin couples to get the federal protections that come with marriage is for them to go out of state to marry. But Wisconsin law says that may be a crime punishable by nine months in jail and a $10,000 fine.
Among the plaintiff couples, Schumacher and Wolf were legally married in another state, raising the possibility of prosecution back at home. The lawsuit challenges the overall ban as well as the application of this criminal law to same-sex couples who are forced to choose between being denied federal protections and the risk of criminal prosecution.
“These families simply want the security and recognition that only marriage provides,” said Larry Dupuis, legal director of the ACLU of Wisconsin. “They have built their lives and raised children here. It is wrong for the state to treat these loving and committed couples as second-class citizens, and it is cruel to place them in a catch-22 where they can’t even travel elsewhere to obtain federal protections without their marriage being labeled a crime.”
The lawsuit was filed in the U.S. District Court for the Western District of Wisconsin. The plaintiffs allege that the state’s constitutional marriage ban sends a message that lesbians, gay men, and their children are viewed as second-class citizens who are undeserving of the legal sanction, respect, protections, and support that heterosexuals and their families are able to enjoy through marriage.
“More and more Americans over the past few years accept the idea that same-sex couples and their families shouldn’t be treated differently than other families,” said John Knight, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “It is our hope that Wisconsin will soon join the other 17 states in granting the freedom to marry.”