Supreme Court Upholds Wisconsin’s Domestic Partnership Registry

The state Supreme Court unanimously upheld Wisconsin’s domestic partnership registry on Thursday, rejecting a challenge from the conservative group Wisconsin Family Action.

The registry, created in 2009, grants same-sex couples a range of benefits, including hospital visitation rights and the right to share a room in a nursing home.

When Wisconsin Family action director Julaine Appling challenged the registry, state Attorney General J.B. Van Hollen refused to defend it, claiming that it violated the state’s same-sex marriage ban because it created a legal status substantially similar to marriage. Thursday’s ruling, however, rejects Van Hollen’s interpretation of the law.

Appling said she’s disappointed by the ruling but happy with some of its language.

“Even in this ruling, the court recognized that marriage is unique and it’s nothing like the relationships formed by same-sex couples in this registry,” said Appling.

A strong supporter of the same-sex marriage ban, state Senate Majority Leader Scott Fitzgerald, said he always believed the registry was constitutional.

“I said at the time that I thought if a legislator came up with 50 different items that would demonstrate that there is a relationship between two same-sex people, that should be allowed,” said Fitzgerald.

The state’s same-sex marriage ban is currently awaiting a ruling in the federal appeals court, and could be struck down as similar bans have been in other states. Chris Clark of the gay rights group Lamda legal, which defended the partnership registry, said that regardless of what happens to the ban, same-sex couples will at least still be able to register as domestic partners.

“Even if marriage is extended to same-sex couples, this would still be another relationship option,” said Clark.

A final decision on the legal status of same-sex marriage in Wisconsin will likely be decided by the U.S. Supreme Court in its next term.

Read the Supreme Court’s ruling here.