The debate over same-sex unions in the state of Wisconsin may not have ended with the passage of a constitutional amendment banning same-sex marriage and similar unions on Nov. 7.
State Sen. Jon Erpenbach, D-Middleton, is exploring possibilities of amending the state constitution to allow civil unions or to ban discrimination based on sexual orientation – thereby guaranteeing same-sex couples rights equal to those of married couples.
Erpenbach’s preliminary plans come at a time when faculty at UW-Eau Claire and other UW System schools are considering leaving because of the amendment.
Proponents of the passed amendment said voters expressed their will on same-sex unions on Election Day, and that concerns over legal discrimination are unfounded.
Erpenbach said his plan would not alter the state’s constitutional ban on same-sex marriage.
“People for the most part want to keep marriage between a man and a woman,” he said, referring to the 58 percent of Wisconsin voters who approved the amendment. “But I don’t think people mind a civil union for gay or straight couples.”
Erpenbach’s plan acknowledges concerns among gay rights advocates, some Democrats and UW System officials and employees that the amendment’s second sentence – which banned unions similar in legal status to that of marriage – would prevent same-sex couples from obtaining many legal rights married couples enjoy.
Those rights, they said leading up to Election Day, include employment benefits, wishes left in wills, hospital visitation access and the ability to pursue court orders.
The UW System Board of Regents and Eau Claire University Senate opposed the amendment, fearing it would further impede System efforts to provide benefits to domestic partnerships – which is already illegal under state law – and damage faculty recruitment and retention.
They cited the example of Robert Carpick, who will leave UW-Madison at the end of this semester, taking with him $3.4 million in grants.
The System estimates providing benefits to domestic partnerships will cost between $2 million and $3 million.
“The absence of these benefits is a real problem and a real limitation,” Regent Charles Pruitt said.
Pam Forman, an assistant professor of sociology at UW-Eau Claire who spoke out to local media in October about leaving the state if the amendment passed, said she will remain in teaching next year – though she is reconsidering her long-term plans in Wisconsin.
“I’m questioning my ability to stay,” she said.
Andrew Phillips, associate vice chancellor of Academic Affairs, said while he is aware of employees who are concerned about the amendment, the university has not, to his knowledge, received any official notification of resignations because of it.
Rep. Mark Gundrum, R-New Berlin, a co-author of the amendment, said the amendment won’t affect couples’ rights and only bans same-sex couples from marrying or joining in similar unions – a goal he said voters clearly embraced.
“The message is that (voters) . want to preserve traditional marriage,” Gundrum said. “They don’t want to institute any new, creative, politically-correct ideas of what a marriage is.”
State law already prohibited gay marriage, though advocates of the amendment said Wisconsin was a court ruling away from allowing legally viable same-sex unions.
Federal non-discrimination laws, Gundrum said, make state efforts to ensure equality unnecessary.
The Family Research Institute of Wisconsin, a group that lobbied in support of the amendment, echoed Gundrum, saying the state Legislature is still free to allow domestic partnerships, which aren’t legally binding but could lead to arrangements for benefits.
“We believe that any amendment to the amendment is unnecessary,” said Darryn Beckstrom, a spokeswoman for the institute.
Two consecutive legislative sessions would have to approve a proposed amendment to appear on the voter’s ballot, which would then require the support of a majority of Wisconsin voters to pass.
Erpenbach said he is still consulting with state lawyers on the proper approach and has not yet searched out support in the state Legislature.