News & Commentary

The American Civil Liberties Union filed a friend-of-the-court brief opposing the legal challenge to overturn Wisconsin’s law granting limited domestic partnership protections to same-sex couples. The ACLU’s brief was filed on behalf of five couples who stand to lose crucial protections such as hospital visitation, the ability to make certain decisions about medical care and to access family medical leave if the law is overturned. The law is being challenged by an anti-LGBT organization that contends that the law grants same-sex couples a substantially similar status to marriage, which is barred by the Wisconsin Constitution. The same organization originally campaigned to secure the marriage amendment’s passage, claiming at the time that domestic partnerships would not be affected.

Today the U.S. Court of Appeals for the Seventh Circuit heard oral arguments about the rights of transgender inmates in Wisconsin prisons. The ACLU, the ACLU of Wisconsin and Lambda Legal sued the state on behalf of transgender inmates, some of whom had been receiving hormone treatment in Wisconsin prisons for years. “The district court correctly struck down a discriminatory law that denied transgender people, and no one else, crucial care for a serious medical condition,” said John Knight, senior staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project. “We hope that the court of appeals affirms this ruling and recognizes that medical treatment decisions must be based on medical, rather than political, justifications.” In 2005, the state of Wisconsin passed a law that barred prison doctors from providing transgender inmates medically necessary hormone therapy or sex reassignment surgery while in state custody. The court case got media mentions in the Milwaukee Journal Sentinel, a blog of the Capitol Times and Common Dreams.

Today the U.S. Court of Appeals for the Seventh Circuit heard oral arguments about the rights of transgender inmates in Wisconsin prisons. The ACLU, the ACLU of Wisconsin and Lambda Legal sued the state on behalf of transgender inmates, some of whom had been receiving hormone treatment in Wisconsin prisons for years. “The district court correctly struck down a discriminatory law that denied transgender people, and no one else, crucial care for a serious medical condition,” said John Knight, senior staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project. “We hope that the court of appeals affirms this ruling and recognizes that medical treatment decisions must be based on medical, rather than political, justifications.” In 2005, the state of Wisconsin passed a law that barred prison doctors from providing transgender inmates medically necessary hormone therapy or sex reassignment surgery while in state custody. The court case got media mentions in the Milwaukee Journal Sentinel, a blog of the Capitol Times and Common Dreams.

The American Civil Liberties Union filed a motion before a Dane County circuit court today on behalf of five couples asking that they be allowed to participate in a lawsuit seeking to overturn Wisconsin’s law granting limited domestic partnership protections to same-sex couples, so that they may defend the law. The law is being challenged by an anti-gay organization that contends that the law grants same-sex couples the same status as marriage, which is barred by the Wisconsin Constitution.

The ACLU of Wisconsin will continue its work to ensure that same-sex couples maintain the basic protections provided in the state’s new domestic partnership registry. “We expected a challenge to the registry in a lower court,” said Chris Ahmuty, ACLU of Wisconsin’s executive director. “We’re fully prepared to help defend the state’s registry so that same-sex couples in Wisconsin can have access to the basic, although limited, legal rights their families need. While the Wisconsin Family Action and the Alliance Defense Fund will attempt to compare the domestic partnership registry to the legal definition of marriage, same-sex couples will seek to demonstrate a factual record of how the protections offered by the registry are quite limited and in no way violate the marriage ban.” 

On July 14, 2010, the Milwaukee Gay Arts Center (MGAC) received a check for $20,000 from the City of Milwaukee in settlement of a federal lawsuit filed on its behalf by the ACLU of Wisconsin. The suit alleged that the City violated the First Amendment by shutting down “Naked Boys Singing,” a musical play with gay themes that has been produced around the country, after receiving complaints from a citizen who objected to its content. “Good theater sometimes challenges convention,” said Paul Masterson, Executive Director of the Milwaukee Gay Arts Center. “The police should not shut down a play because some people find it offensive.”

On July 14, 2010, the Milwaukee Gay Arts Center (MGAC) received a check for $20,000 from the City of Milwaukee in settlement of a federal lawsuit filed on its behalf by the ACLU of Wisconsin. The suit alleged that the City violated the First Amendment by shutting down “Naked Boys Singing,” a musical play with gay themes that has been produced around the country, after receiving complaints from a citizen who objected to its content. “Good theater sometimes challenges convention,” said Paul Masterson, Executive Director of the Milwaukee Gay Arts Center. “The police should not shut down a play because some people find it offensive.”

The ACLU maintains that the marriage amendment's second clause only prohibits 'marriage by another name' which confers all the benefits, protections, and responsibilities of civil marriages. The Court's decision means the fight for recognition of same sex domestic relationships will continue to advance, a fight in which the ACLU will continue to participate vigorously.

The U.S. District Court for the Eastern District of Wisconsin Wednesday struck down a law that barred transgender people from receiving medical care while they are incarcerated. The American Civil Liberties Union and Lambda Legal challenged the law in January 2006 on behalf of transgender prisoners, some of whom had been receiving hormones in Wisconsin prisons for years prior to the passage of the law. The lawsuit charged that it is a violation of the Constitution’s guarantee of equal protection as well as the guarantee against cruel and unusual punishment to bar transgender inmates from access to individualized medical care. The legal groups based their challenge on federal case law that establishes that health care providers must determine proper treatment for all prison inmates.