A memo by University of Wisconsin Law Professor David Schwartz on the constitutionality of Wisconsin's domestic partnership registry law was cited by Gov. Jim Doyle in support of his contention that the new law is constitutional.  Enacted in late June 2009, the domestic partnership law provides various legal rights and property protections to same-sex couples who register as domestic partners. Wisconsin is the first state with a constitutional same-sex marriage ban to offer formal recognition to same-sex domestic partners.

In early June, Schwartz sent a 15-page legal analysis to Gov. Doyle concluding that the domestic partnership law, then under consideration as Assembly Bill 75, was constitutional and "fit comfortably within the restrictions of the Marriage Amendment."  In 2006, Wisconsin voters adopted a state constitutional amendment prohibiting both same-sex marriage and "a legal status identical or substantially similar to that of marriage for unmarried individuals."  According to Schwartz, domestic partnership under the new law bears sufficient differences from marriage that it is not “substantially similar.”

The domestic partnership law has recently been challenged in court in light of the 2006 Marriage Amendment, and on August 21, 2009, Attorney General J.B. Van Hollen announced that his office will not defend its constitutionality in the suit.  Governor Doyle responded by stating that the law is constitutional and should be defended, citing the Schwartz memo.
 
The Attorney General's decision is reported in this Associated Press article.  The Governor's response and Schwartz's memo can be read here.
 



  

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