Court Upholds Wisconsin Domestic Partner Registry

MILWAUKEE - A 2009 law creating a domestic partner registry that provides limited benefits to same-sex couples does not violate the state's ban on gay marriages, a unanimous Wisconsin Supreme Court said Thursday.

The ruling keeps the registry active but is likely to be overshadowed by a pending gay marriage case. A federal judge declared Wisconsin's ban on gay marriage unconstitutional last month, and the 7th U.S. Circuit Court of Appeals plans to hear arguments in the state's appeal on Aug. 26.

The gay marriage ban approved by voters in 2006 provided the basis for the 2010 lawsuit filed by Julaine Appling, the head of conservative group Wisconsin Family Action. She said the domestic partnership registry violated the state ban on same-sex marriages and anything substantially similar.

Appling did not immediately respond to phone and email messages left at her office early Thursday morning.

Democrats pushed the registry through when they controlled the state Legislature and governor's office. Gov. Scott Walker and Attorney General J.B. Van Hollen, both Republicans, later refused to defend the law, saying they believed it violated the state constitution.

Fair Wisconsin, the state's largest gay rights group, intervened and defended the law that gives registered couples a host of legal rights, including the right to visit each other in hospitals and make end-of-life decisions for each other.

Its office was closed Thursday, and a spokeswoman did not immediately respond to an email requesting comment.

A Dane County judge and state appeals court both previously upheld the registry.

About 2,300 couples have signed up to be on the registry over the past five years.

This story is part of our special report: "Gay Marriage". Want to read more? Here's the full list.