Wisconsin Lawmakers Move to Protect Same-Sex Marriage

A joint resolution to protect same-sex marriage in Wisconsin

 

Lawmakers in Wisconsin introduced a joint resolution last week to remove an outdated same-sex marriage ban from the state’s constitution. This is the first step toward amending the constitution and protecting marriage equality at the state level.

 

2025 Senate Joint Resolution 68 (SJR68) seeks to eliminate constitutional restrictions on marriage by repealing Section 13 of Article XIII, which defines marriage as a union between one man and one woman only. Section 13 also prohibits unmarried couples from any legal status or benefits similar to marriage. 

 

Repealing this section would be a multi-step process: Both the Senate and House must approve the resolution in two consecutive legislative sessions; the proposed amendment would then be placed on the ballot during a statewide general election to be ratified, and would need majority support from voters to pass. 

 

(Note: Given this multi-step process, the earliest an amendment could be put in front of voters is November, 2028.)

 

Most Wisconsinites support same-sex marriage

 

Currently, an overwhelming 73% of Wisconsinites support same-sex marriage rights (via an HRC 2022 poll). 79% of Wisconsin residents support non-discrimination protections for LGBTQ+ people. And an estimated 3.8% of adult Wisconsinites are LGBTQ, with 29% of these raising children (via GLAAD 2024 poll). 

 

Despite this broad support among voters, a resolution identical to SJR68 that was introduced last year was not approved (2023 Senate Joint Resolution 97). 

 

Wisconsin’s same-sex marriage ban was added to the state’s constitution in 2006. At that time, opinions on same-sex marriage were different than they are today, and there was less public understanding and acceptance of LGBTQ+ people. Luckily, this ban became unenforceable in 2014, when District Court Judge Barbara Crabb overturned it. And in 2015, the Supreme Court’s ruling in Obergefell v. Hodges further upheld the constitutional right of same-sex couples to marry. 

 

(Note: Wisconsin's statutes also contained outdated language defining marriage as a union between a man and a woman, or 'husband' and 'wife,' which may be amended in the future to further protect marriage equality. Specifically, § 765.01 and § 765.16. However, it's been affirmed that any statutory provisions limiting marriages to a ‘husband’ and a ‘wife,’ are unconstitutional as applied to same-sex couples, and these laws can't be enforced.)

 

 

Why is amending the state constitution to protect same-sex marriage important?

 

Protecting same-sex marriage at the state level is important for many reasons. Not only does it send a strong message of inclusivity and respect to residents, it also protects families in case federal protections are weakened or the Obergefell v. Hodges ruling is overturned.

 

A growing list of states have taken similar steps to remove same-sex marriage bans from their constitutions and statutes in the last few years – including Hawaii, Colorado, and California. 

 

Related: Good News! Voters in Three States Pass Marriage Equality Protections

 

Learn more about the impacts of overturning Obergefell v. Hodges  here: 

 

• These States Will Feel it First if Obergefell is Overturned
   
• What Happens to International ‘Utah Marriages’ if Obergefell is Overturned?
   

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About American Marriage Ministries (AMM)

 

We are a federally recognized 501c3 non-profit, interfaith and non-denominational constitutional church. Drawing on the freedom of religion clause in the United States Constitution, AMM provides free online ordination, advocacy, and training for our ministers, to ensure that all people have the right to get married and to perform marriage.
 
To date, we have ordained nearly 1,500,000 ministers who have officiated weddings all across the United States, including more than 27,270 ministers in Wisconsin and counting!

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By being proudly inclusive, by offering ministry and marriage services to couples and their families without judgment, by meeting people on their own terms, and by lovingly serving those who might otherwise be discriminated against because of their race, gender, or sexual orientation, our ministers are a daily force for good in the world. 

Learn more about American Marriage Ministries and our philosophy on marriage by visiting About AMM.

 

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