On Tuesday, members of the LGBTQ+ Caucus in the Wisconsin state legislature announced two resolutions aimed at keeping marriage equality intact in the state, including one that would remove a state constitutional amendment barring same-sex marriage that is still technically on the books.
The constitutional amendment — which is currently unenforceable due to the Obergefell v. Hodges Supreme Court ruling in 2015 — was passed into law in 2006, after voters approved of a proposal that banned same-sex marriage and similar (but not equal) legal recognitions like civil unions.
Like the rest of the U.S., however, residents of the state soon changed their views on marriage equality, with a poll from 2022 demonstrating that nearly three-quarters of voters (72 percent) now favor it, with only 19 percent opposed to the idea.
The amendment was deemed unconstitutional in the Obergefell decision. However, that ruling did not do away with the state amendments and legislation that still remain unenforceable law throughout the country.
In response to fears over the possibility that a deeply conservative Supreme Court could overturn Obergefell (with at least one justice, Clarence Thomas, openly advocating for a reexamination of the ruling), Congress passed the Respect for Marriage Act last year, which President Joe Biden signed into law. The statute keeps in place some federal protections for same-sex marriages — however, it doesn’t codify marriage equality across the country, meaning states with anti-marriage equality laws still in place (35 in total) would revert to them if Obergefell was overruled in the future.
The Wisconsin legislative LGBTQ+ Caucus announced this week, on the anniversary of the Respect for Marriage Act, that it would introduce two measures to ensure that the state wouldn’t revert to previous discriminatory practices if that happened.
“It is long past time for our state constitution and our state statutes to reflect that marriage equality is the law of the land,” a statement from the caucus said.
The caucus put forth two proposals. The first would undo the constitutional amendment still on the books in Wisconsin, requiring passage of a resolution in two consecutive sessions of the state legislature plus a vote in support of the measure by voters in the state. The second piece of legislation would update statutory language on Wisconsin marriage laws to reflect marriage equality standards.
The possibility of either of the two proposals passing — despite clear support from residents in the state — is doubtful, given that both houses of the state legislature have a Republican majority due to extreme partisan gerrymandering. Still, LGBTQ+ Caucus member state Sen. Mark Spreitzer (D) expressed optimism that enough Republicans would come to their senses on the issue.
“We have had some Republican support for implementing marriage equality in the past, obviously it has not become law in past sessions, but we will continue to work with our Republican colleagues. We know that this is becoming an issue that can be bipartisan,” Spreitzer said.
Lucy Ripp, communications director for the progressive organization A Better Wisconsin Together, commended lawmakers for introducing the proposals.
“The freedom to marry who we love is a basic freedom that should not be denied to anyone. As we commemorate the anniversary of the Respect for Marriage Act, we are thrilled to see lawmakers at the state level taking proactive measures to strengthen and protect the rights of LGBTQ+ Wisconsinites,” Ripp said.
Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn
Dear Truthout Community,
If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.
We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.
Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.
There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.
Last week, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?
It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.
We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.
We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.
Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment. We are presently looking for 432 new monthly donors in the next 7 days.
We’re with you. Let’s do all we can to move forward together.
With love, rage, and solidarity,
Maya, Negin, Saima, and Ziggy