News & Commentary

Since the Supreme Court’s decision in Wolf v. Walker, the ACLU has received many questions about marriage in Wisconsin.  Below are some answers to frequently asked questions.  Please note: These questions and answers provide general information only and are not intended as legal advice or guidance on specific situations that individuals or couples may face.  If you have questions about your specific circumstances, you may wish to consult an attorney who practices in the relevant area of law (e.g., family law, adoption, employment law, trusts & estates law, etc.).  If you believe you have been discriminated against because of your sexual orientation or because you are married to a person of the same sex, you may also contact the ACLU of Wisconsin at 414-272-4032 or through our website, www.ACLU-WI.org.  This is not a guarantee of legal representation and you should take whatever steps are necessary to preserve your rights while we review your concerns.

Wolf and Schumacher v. Walker Timeline

On September 17, 2014, four couples, represented by lawyers from the American Civil Liberties Union, the ACLU of Wisconsin, and the law firm of Mayer Brown filed a federal court challenge to Wisconsin's refusal to recognize their marriages and the marriages of other same-sex couples that took place between June 6 and 13. The following couples are plaintiffs in the suit.

MILWAUKEE, Wis. – The 7th U.S. Circuit Court of Appeals today upheld the district court decision that the discriminatory amendment to the Wisconsin state constitution preventing same-sex couples from marrying is unconstitutional. The decision will go into effect in 21 days, unless the defendants seek a stay of the ruling.  The American Civil Liberties Union had challenged the law on behalf of eight couples seeking the freedom to marry in Wisconsin or to have their out-of-state marriages recognized.

On August 5, volunteer attorneys filed an amicus brief from numerous religious organizations, congregations, and individual faith leaders from Indiana and Wisconsin in support of the cases for freedom to marry in those states.  Over eight pages of signers affirmed that “Eliminating discrimination in civil marriage will not impinge upon religious doctrine or practice. All religions would remain free – as they are today with nineteen states and the District of Columbia permitting same-sex couples to marry – to define religious marriage any way they choose.”   “We are extremely proud of our faith leaders for standing up against discrimination against same-sex couples in Wisconsin,” said Katie Belanger, President & CEO of Fair Wisconsin.  “I think the eight committed Wisconsin couples who are asking for the freedom to be married, and all same-sex couples whose are currently denied marriage, sincerely appreciate kind thoughts and prayers for strength as they progress on this journey.” Wisconsin Unites for Marriage is inviting faith communities around the state to pray for the couples bringing this case to the 7th Circuit Court of Appeals on Sunday, August 24th (or Saturday 8/23).  Faith communities who would like to take part are invited to sign up at http://wiunites.org/congregations.  A list of participating congregations will be available on the Wisconsin Unites for Marriage Website in case individuals would like to find a welcoming place to go that weekend. “Our stand on marriage equality is deeply religious. A cornerstone of our faith is the belief that every person has inherent dignity and worth. This belief compelled us to work for the abolition of slavery, for women’s suffrage, and now for marriage equality,” said Rev. Roger Bertschausen, Senior Minister of the Fox Valley Unitarian Universalist Fellowship in Appleton.  “We believe lesbian, gay, bisexual, and transgender couples have every bit as much inherent dignity and worth as straight couples. We believe that partnerships between two people are blessings to the couple, to their family and friends, and to their community—regardless of the couple’s sexual orientation or gender identity.”

You probably know that the ACLU case seeking the freedom to marry, Wolf v. Walker, is scheduled to have oral arguments in Chicago on August 26 at the 7th Circuit Court of Appeals.  But what does that mean, exactly?  And when can we all start planning weddings? 

The Wisconsin State Supreme Court today issued a ruling in Appling v. Walker, holding that the domestic partnership registry is constitutional.

Madison — Attorneys for the American Civil Liberties Union of Wisconsin are preparing to file a lawsuit to protect more than 500 same-sex marriages that still remain in legal limbo. A representative of th

The ACLU of Wisconsin would like to speak to same-sex couples who were married between June 6-13, 2014 since they are considering legal action against the state on behalf of couples whose marriages have been denied recognition by the state or local governments.  If you were married in that time period and are facing harm because your marriage is being denied recognition, please fill out the survey by July 2nd at midnight.