Appling v. Doyle
Encyclopedia
Appling v Doyle is a lawsuit seeking to have Wisconsin's domestic partnership
registry declared unconstitutional. The action began as a petition for original action before the Wisconsin Supreme Court
asking the Court for a declaration that the registry is unconstitutional and for a permanent injunction against the registry, which began registering couples on August 3, 2009. On November 4, 2009, the Court declined to take the case. Petitioners then refiled in state district court and the court ruled in June 2011 that the registry is constitutional.
signed the same-sex domestic partnership registry into law as a provision of the 2010-11 state budget. The registry creates a legal recognition of same-sex unions in Wisconsin
, enumerating 43 rights and benefits for registered couples.
On July 23, 2009, Julaine Appling, President of Wisconsin Family Action, through attorneys at the Alliance Defense Fund
(ADF) and ADF allied attorneys in Wisconsin, filed an original action with the Wisconsin Supreme Court asking the Court to declare the same-sex domestic partnership registry unconstitutional and to permanently enjoin the defendants from the enactment of the registry. Wisconsin Attorney General J. B. Van Hollen
refused to defend the suit, claiming that the registry violates the state constitution. Doyle hired outside counsel to defend it.
The petition asserts that the registry violates Wisconsin’s Marriage Protection Amendment, ratified by Wisconsin voters on November 7, 2006 by 59.4% to 41.6%. The amendment states:
On September 22, 2009, Fair Wisconsin and its members, represented by Lambda Legal
, filed a motion to intervene in the case. Five same-sex Wisconsin couples, who have registered as domestic partners and are being represented by the American Civil Liberties Union
, also filed a motion to intervene. In a motion filed the same day, the ACLU asked the Wisconsin Supreme Court to deny the petitioners' request for the court to hear the case directly, and to instead send the case to a trial court to develop a factual record. On November 4, the Supreme Court denied the petition. Petitioners refiled the lawsuit in Dane COunty District Court in 2010.
In 2011, Scott Walker
was inaugurated as the new Governor of Wisconsin. In March, Walker fired the lawyer representing the state. On May 13, Walker petitioned the trial court to allow the state to withdraw from the case, citing Walker's expressed belief that the registry is unconstitutional.
The petitioners believe the registry violates the Wisconsin Marriage Protection Amendment because it creates a new legal status for domestic partners. The requirements for obtaining a domestic partnership certificate are the same as those required for obtaining a marriage license with even the price for the certificate the same as for the marriage license.
The petitioners asked the Court for three things:
residents and taxpayers and members of the board of directors of Wisconsin Family Action.
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
registry declared unconstitutional. The action began as a petition for original action before the Wisconsin Supreme Court
Wisconsin Supreme Court
The Wisconsin Supreme Court is the highest appellate court in the state of Wisconsin. The Supreme Court has jurisdiction over original actions, appeals from lower courts, and regulation or administration of the practice of law in Wisconsin.-Location:...
asking the Court for a declaration that the registry is unconstitutional and for a permanent injunction against the registry, which began registering couples on August 3, 2009. On November 4, 2009, the Court declined to take the case. Petitioners then refiled in state district court and the court ruled in June 2011 that the registry is constitutional.
History
On June 29, 2009, Wisconsin Governor Jim DoyleJim Doyle
James Edward "Jim" Doyle is a Wisconsin politician and member of the Democratic Party. He was the 44th Governor of Wisconsin, serving from January 6, 2003 to January 3, 2011. He defeated incumbent Governor Scott McCallum by a margin of 45 percent to 41 percent; the Libertarian Party candidate Ed...
signed the same-sex domestic partnership registry into law as a provision of the 2010-11 state budget. The registry creates a legal recognition of same-sex unions in Wisconsin
Recognition of same-sex unions in Wisconsin
Domestic partnerships for same-sex couples have been recognized in Wisconsin since August 3, 2009 despite same-sex marriage and "a legal status identical or substantially similar to that of marriage for unmarried individuals" being banned by Wisconsin statutes and a constitutional amendment in...
, enumerating 43 rights and benefits for registered couples.
On July 23, 2009, Julaine Appling, President of Wisconsin Family Action, through attorneys at the Alliance Defense Fund
Alliance Defense Fund
The Alliance Defense Fund is a conservative Christian nonprofit organization with the stated goal of "defending the right to hear and speak the Truth through strategy, training, funding, and litigation." ADF was founded in 1994 by the late Bill Bright , the late Larry Burkett , James Dobson The...
(ADF) and ADF allied attorneys in Wisconsin, filed an original action with the Wisconsin Supreme Court asking the Court to declare the same-sex domestic partnership registry unconstitutional and to permanently enjoin the defendants from the enactment of the registry. Wisconsin Attorney General J. B. Van Hollen
J. B. Van Hollen
John Byron "J.B." Van Hollen is the Attorney General of the State of Wisconsin. A Republican, he was elected to the office in November 2006 and took office on January 3, 2007, succeeding Democrat Peg Lautenschlager.-Background:...
refused to defend the suit, claiming that the registry violates the state constitution. Doyle hired outside counsel to defend it.
The petition asserts that the registry violates Wisconsin’s Marriage Protection Amendment, ratified by Wisconsin voters on November 7, 2006 by 59.4% to 41.6%. The amendment states:
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. Wisconsin Constitution; Article XIII, Section 13.
On September 22, 2009, Fair Wisconsin and its members, represented by Lambda Legal
Lambda Legal
Lambda Legal is an American civil rights organization that focuses on lesbian, gay, bisexual, transgender communities as well as people living with HIV/AIDS through impact litigation, education, and public policy work.Lambda's founder William J. Thom, Esq...
, filed a motion to intervene in the case. Five same-sex Wisconsin couples, who have registered as domestic partners and are being represented by the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, also filed a motion to intervene. In a motion filed the same day, the ACLU asked the Wisconsin Supreme Court to deny the petitioners' request for the court to hear the case directly, and to instead send the case to a trial court to develop a factual record. On November 4, the Supreme Court denied the petition. Petitioners refiled the lawsuit in Dane COunty District Court in 2010.
In 2011, Scott Walker
Scott Walker (politician)
Scott Kevin Walker is an American Republican politician who began serving as the 45th Governor of Wisconsin on January 3, 2011, after defeating Democratic candidate Tom Barrett, 52 percent to 47 percent in the November 2010 general election...
was inaugurated as the new Governor of Wisconsin. In March, Walker fired the lawyer representing the state. On May 13, Walker petitioned the trial court to allow the state to withdraw from the case, citing Walker's expressed belief that the registry is unconstitutional.
Argument
The petitioners claim:
The form of domestic partnership created by the domestic partnership registry is prohibited by Art. XIII, sec. 13 of the Wisconsin Constitution by creating and requiring recognition of a legal status substantially similar to that of marriage...Such domestic partnerships are entered into by same-sex partners and are officially created and acknowledged in essentially the identical way that marriages are entered into by a man and woman and are officially created and acknowledged.
The petitioners believe the registry violates the Wisconsin Marriage Protection Amendment because it creates a new legal status for domestic partners. The requirements for obtaining a domestic partnership certificate are the same as those required for obtaining a marriage license with even the price for the certificate the same as for the marriage license.
The petitioners asked the Court for three things:
- to accept the case as an original action before the Court (instead of working the case up from the trial court level)
- to declare the same-sex domestic partnership registry unconstitutional
- to permanently enjoin the enactment of the same-sex domestic partnership registry.
Petitioners
The petitioners on the case are WisconsinWisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
residents and taxpayers and members of the board of directors of Wisconsin Family Action.
- Julaine Appling, Wisconsin Family Action President
- Jaren E. Hiller, Wisconsin Family Action board member
- Edmund L. Webster, Wisconsin Family Action board member
Respondents
- Scott WalkerScott Walker (politician)Scott Kevin Walker is an American Republican politician who began serving as the 45th Governor of Wisconsin on January 3, 2011, after defeating Democratic candidate Tom Barrett, 52 percent to 47 percent in the November 2010 general election...
, in his official capacity as Governor of the State of Wisconsin - Karen Timberlake, in her official capacity as Secretary of the Wisconsin Department of Health Services
- John Kiesow, in his official capacity as State Registrar of Vital Statistics
Intervening defendants
- Fair Wisconsin and its members
- Five same-sex Wisconsin couples who have registered as domestic partners since the law came into effect.