Wisconsin lawmakers look to enshrine marriage equality in state constitution

Members of Wisconsin’s Legislative LGBTQ+ Caucus introduced two proposals Wednesday meant to solidify marriage equality by removing language that bans same-sex marriage from the state’s constitution and several statutes.

Language defining legal marriage as “between one man and one woman” was added to Wisconsin’s Constitution in 2006 following the adoption of Referendum 1, a ballot measure that passed with 59 percent of the vote in the general election that year. It was overwhelmingly approved by the state Senate and Assembly in 2004.

“One of the worst days in the legislature was when that constitutional amendment passed,” state Sen. Tim Carpenter (D), who is openly gay, said during a press conference Wednesday. “Some of my colleagues came up to me afterwards and said don’t take it personal — well, it’s been personal.”

While unenforceable since the Supreme Court’s landmark 2015 decision that legalized same-sex marriage nationwide, Referendum 1 remains part of Wisconsin’s Constitution. More than 30 states have constitutional amendments or state statutes that ban marriage for same-sex couples.

A proposal introduced Wednesday by Carpenter and other openly LGBTQ state lawmakers would strike language invalidating same-sex marriages from Wisconsin’s Constitution. The measure would need to pass both chambers of the legislature before being put to voters.

“2026 would be the 20-year anniversary of this discriminatory language being in our state constitution,” state Sen. Mark Spreitzer, a Democrat and one of the bill’s co-sponsors, said Wednesday. “If we act now, if we pass on first consideration this legislative session, we have the opportunity to let the people of Wisconsin repeal it before we hit that embarrassing 20-year anniversary.”

Wednesday marks one year since President Biden signed the Respect for Marriage Act, which enshrined marriage equality into federal law.

A second proposal introduced Wednesday would make technical changes to Wisconsin statutes related to marriage and parenting to guarantee same-sex couples are treated equally under the law. Wisconsin’s current marriage and family laws refer to spouses as husbands and wives, Spreitzer said.

“There are many examples in our state statutes of these outdated references, including things as mundane as a husband-and-wife hunting or fishing license and things as critical to families as insurance coverage, retirement and death benefits,” he said.

“It is long past time for our state constitution and state statutes to reflect that marriage equality is the law of the land, and has been now for over a decade.”