Legislatively Speaking
By Senator, Lena C. Taylor
State Senator Lena C. Taylor
This past year alone has seen some dramatic changes that greatly affect the LGBT community.
In February, legislation was proposed by Wisconsin democrats to eliminate constitutional restrictions on marriage.
The Senate Joint Resolution 74 and Assembly Joint Resolution 109 aimed to eliminate the constitutional restriction in Article XIII of our state’s Constitution that 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.”
A proposed constitutional amendment of this kind requires adoption by two successive legislatures, and ratification by the people, before it can become effective.
Although they failed to pass this April, these proposals started an important dialogue.
Another step in the right direction that happened this past June was Judge Barbara Crabb of the U.S. District court for the Western District of Wisconsin’s ruling that Wisconsin’s refusal to grant marriage licenses to same-sex couples was unconstitutional in accordance to the federal lawsuit, Wolf v. Walker, which was filed in February.
Following this ruling, 60 of 72 counties started granting marriage licenses to same-sex couples, however, a mere ten days later, Crabb stayed enforcement of her decision due to threat of legal action against the county clerks granting marriage licenses by Wisconsin Attorney General J.B. Van Hollen. Preceding the stay of her ruling more than 500 gay couples tied the knot; their marriages now hang in the balance.
The state appealed the decision to the Seventh Circuit Court of Appeals on behalf of same-sex couples who once again argue that the refusal to recognize and allow same sex marriages violates their constitutional rights. On October 6th the U.S. Supreme Court rejected Wisconsin and four other states appeal seeking to preserve their same-sex marriage bans.
The court did not issue any reason for the decision but it legalized same sex marriage in Wisconsin and the four other states.
This ruling gives married same-sex couples the same benefits as other married couples when it comes to taxes, adoption, inheritance, and hospital visitation rights.
“The freedom to marry is a core aspect of personal liberty for all Americans” is a statement made by the American Civil Liberties Union who is arguing against the state of Wisconsin in the current case.
The U.S. Supreme Court’s decision effectively makes same sex marriage legal in 30 states and the District of Columbia. It is important to stand up for fairness and reflect on the struggles of those who have been fighting this historic fight for ages.
Those who identify as Lesbian, Gay, Bisexual, and/or Transgender, have historically faced discrimination and violence. The time for an end to discrimination is past due.