Appling v. Walker

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Tuesday, October 22, 2013

Description:  Alliance Defending Freedom attorneys and allied attorneys filed suit to stop then-Gov. Jim Doyle and the Wisconsin Legislature from skirting the state’s marriage amendment by the creation of marriage-like unions. The “domestic partnership” scheme, which Doyle proposed and signed into law after the Legislature passed it as part of the 2010-11 state budget, is only available to same-sex couples. “Domestic partners” receive “declarations” instead of “marriage licenses,” but otherwise, the procedures for creating the legal status of domestic partner is virtually the same as marriage. In 2006, 59 percent of Wisconsin voters approved an amendment to the state constitution which reads, “Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.”


Wis. Supreme Court to hear arguments on legal unions imitating marriage

Alliance Defending Freedom attorney available to media following hearing Wednesday
Tuesday, October 22, 2013

Attorney sound bite:  Austin R. Nimocks

WHO: Alliance Defending Freedom Senior Counsel Austin R. Nimocks
WHAT: Available for media interviews following oral arguments in Appling v. Walker
WHEN: Immediately following hearing, which begins at 1:30 p.m. CDT, Wednesday, Oct. 23
WHERE: Wisconsin Supreme Court, State Capitol, 2 E. Main St., Madison

MADISON, Wis. — Alliance Defending Freedom Senior Counsel Austin R. Nimocks will be available for media interviews following his oral argument Wednesday before the Wisconsin Supreme Court in Appling v. Walker. Nimocks will argue that former Gov. Jim Doyle and the state legislature violated the state constitution when they created legal unions that imitate marriage.

Last year, a state appellate court decision upheld a lower court’s ruling that said the state’s voter-approved constitutional amendment protecting marriage permits the legislature to create marriage-mimicking schemes despite language in the amendment that prohibits any “legal status identical or substantially similar to that of marriage for unmarried individuals.” In June, the Wisconsin Supreme Court agreed to hear the case.

“Society should protect and strengthen marriage, not undermine it. The people of Wisconsin recognize this, and that is precisely the reason they approved a constitutional amendment that protects marriage from all imitators,” said Nimocks. “The intent of the voters here is unmistakable. It is clear that state’s ‘domestic partnership’ scheme is exactly the kind of marriage imitation that the voters intended to prevent.”

Alliance Defending Freedom attorneys and allied attorneys filed the lawsuit Appling v. Doyle in 2010 to stop Doyle and the Legislature from skirting the language in the amendment. The “domestic partnership” plan, which Doyle proposed and signed into law after the Legislature passed it as part of the 2010-11 state budget, is only available to same-sex couples and is, at its core, virtually identical to marriage.

In November 2006, 59 percent of Wisconsin voters approved Article 13, Section 13, of the Wisconsin Constitution, which reads, “Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.” In June 2010, the Wisconsin Supreme Court unanimously upheld the validity of the entire amendment’s enactment.

“The will of the people of Wisconsin as clearly expressed in the marriage amendment ought to be respected,” said Wisconsin Family Action President Julaine Appling. “State officials cannot ignore a voter-approved law just because they don’t like it.”

Alliance Defending Freedom attorneys are lead counsel in the suit together with co-counsel Mike Dean of the First Freedoms Foundation and co-counsel Richard M. Esenberg, two of nearly 2,300 attorneys allied with Alliance Defending Freedom.

  • Pronunciation guide: Nimocks (NIM’-ucks)
 
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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Additional resources: Appling v. Walker

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Tuesday, October 22, 2013

Previous news releases:

  • 2013-01-22: Wis. ruling divorces marriage from true meaning
  • 2011-06-20: Wis. judge: Marriage imitation does not imitate marriage
  • 2010-08-18: ADF files suit to stop violation of Wis. marriage amendment
  • 2009-07-23: Urgent lawsuit filed with Wis. Supreme Court to stop violation of marriage amendment

Legal documents, related news, and other related resources available in the right panel when this page is viewed at ADFmedia.org.