Blog Debate: Question 2

Jenna has posted the second question of the debate. It focuses on the legal ramifications of the ban.

If you want an easy way to track all of the debate posts, Dean at Thoughtful Conservative is keeping all the links handy at the very top of his blog, or you can follow along at


At 5:25 PM, Anonymous Keith said...

Pass or fail on the amendment, it seems to me that the "next step" for gay families in Wisconsin is to work with the legislature to pass some sort of clear definition of responsibilities and protections.

If the amendment passes, it means that the discussion will be colored by a great deal of fear and worry about how the courts would end up ruling. Essentially, getting anything done to help the widows and orphans would be up to the courts.

If the amendment fails, then the people of Wisconsin, through their elected representatives, will be able to decide exactly what duties to expect from gay families and what rights to impart.

Since gay families are not going away, and marriage will always remain 1man1woman, the results on the amendment won't change the fact that something needs doing by way of defining "non-marriage" families. The only question is: Is it the courts or the people who will decide?

At 9:04 PM, Anonymous Special Touch said...

Isn't it peculiar that the backers of the constitutional ban didn't specify plainly what the legal consequences of its passage would be?

I mean, wouldn't it have been easy to insert text saying that the ban does or does not effect domestic partnerships?

Doesn't the unclear language of the second sentence fundamentally undermine its backers supposed intent of preventing "activist judges" from legislating these issues in the courtroom?

If it is not the Family Research Institute's intent to file a lawsuit challenging domestic partnerships for public employees -- the way the primary backers of the Michigan ban did -- why did they chose to craft the ban's second sentence with such slippery language?

Could it be that FRI-WI knows a larger majority of Wisconsin voters would vote NO if they were fully informed of its legal intent?


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