Appling v. Walker

At issue in this case was whether Wis. Stat. Chapter 770, by which the legislature created the legal status of domestic partnership for same-sex couples, violates the following constitutional provision: “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.” Those two sentences were added by Wisconsin voters in 2006 as an Amendment to the state constitution. The court of appeals concluded that Chapter 770 is constitutional. The Supreme Court affirmed, holding that Chapter 770 is constitutional based on the presumption of constitutionality, Plaintiffs’ failure to carry their burden of proof, and the evidence reviewed in accordance with caselaw establishing the framework used to interpret constitutional provisions. View "Appling v. Walker" on Justia Law