Same sex benefits in Wisconsin soon

GREEN BAY - Thanks to the new state budget, same sex couples in Wisconsin will be able to apply for certain benefits married couples have been receiving for years. While some see this as progress, others see it as an attack on marriage.

Andrew DeBaker and his partner Scott are looking forward to being partners in the eyes of the law. They attended a workshop in Green Bay to learn about Wisconsin's new law.

"I think this is a great first step," said DeBaker, "I think we're very excited to have some recognition and some of the rights that we need."

But others are not so excited.

"This registry is unconstitutional and is an attack on marriage," said Julaine Appling, president of Wisconsin Family Action.

Some disagree with the new benefits partially because two and a half years ago Wisconsin voters defined marriage as a union between a man and a woman.

But like it or not on August 3rd, same sex couples in Wisconsin can apply for domestic partnerships. Those partnerships would give partners benefits including: the right to visit partners in hospitals, inherit property, and the same pension and retirement benefits as spouses of state employees. Same sex couples will not have all the benefits of marriage. They will not be able to file taxes jointly, among other things.

While many gay rights advocates agree Wisconsin is making strides toward equality, some would like the law to go even further.

"In terms of all the different rights, it would have been nice if the children's code would have been amended to allow for adoption, like a step parent adoption is available to opposite sex couples," said Scott Mickelson, an attorney who presented at the workshop.

However, Wisconsin Family Action is hoping for something else. The group says it supports issues impacting the state's traditional families, and questions whether the new law is legal.

"What we're concerned about is the registry," said Appling. "The registry is unconstitutional. It creates a legal status that is substantially similar, we believe to marriage... Marriage isn't about benefits, marriage is a social institution whether you have benefits or not, and that's what we're concerned about is the institution of marriage."

Others argue domestic partnerships are very different from marriage.
Couples can start registering as domestic partners on August 3rd, but some anticipate that won't happen, they're expecting the new law to be challenged.

Click here to read the provisions of the new benefits.