Domestic Partnerships in Wisconsin
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law 
Types of Same-Sex Partnerships
In the U.S., there are a few types of legally-recognized same-sex unions. The decision on whether or not to recognize any form of same-sex union (be it marriage, or some alternative arrangement) rests with individual states.
Only a few states currently recognize same-sex marriage. A larger number recognize alternative legal unions for same-sex couples. Most, however, do not recognize any form of legal union for partners of the same sex.
Domestic Partnerships in Wisconsin
Wisconsin does not recognize same-sex marriage; its constitution prohibits recognition of such unions, or any other unions for same-sex couples which are “identical or substantially similar to marriage.”
Wisconsin does, however, have a system of domestic partnerships for same-sex couples, offering some, but not all, of the rights and responsibilities associated with marriage.
The rights offered by the domestic partnership system include most of the rights that one might consider fundamental to marriage, such as the right to inherit property from a partner through intestacy, the right to sue for the wrongful death of a domestic partner, immunity from testifying against partners in court, and crime victim compensation, among several others.
To register for a domestic partnership, the partners must be the same gender, both must be at least 18 years of age, they cannot be more closely-related than second cousins, must share a common residence, and neither partner can be married or in a domestic partnership with someone else.
Because Wisconsin’s constitution bars state recognition of legal arrangements for same-sex couples which are “substantially similar” to marriage, the current system of domestic partnerships (which went into effect very recently) is being challenged in the state courts as unconstitutional. It is possible that the state Supreme Court could invalidate Wisconsin’s domestic partnership law sometime in the future.
Issues with Federal Law
In 1996, Congress passed the Defense of Marriage Act, which bars the federal government from recognizing same-sex marriage or other legal union, even if they’re recognized by a given state. This means that individuals in valid same-sex marriages or domestic partnerships are treated as single for purposes of federal law.
Furthermore, entering into any legally binding same-sex relationship is treated by the military as an admission of homosexuality, and triggers its “don’t ask, don’t tell” policy. If you or your partner currently serve in the military, this is something to consider.
Do I Need a Lawyer?
Given the varying state laws on the subject, the conflict with federal law, and the court challenge to Wisconsin’s current arrangement, the status of same-sex domestic partnerships in Wisconsin may be difficult for a layperson to discern. Accordingly, if you have any questions about the rights of you or your partner, you should consult an experienced Family Law attorney in Wisconsin.
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Last Modified: 10-30-2009 04:08 PM PDT
