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APPLING v. DOYLE

No. 2011AP1572.

826 N.W.2d 666 (2012)

345 Wis.2d 762

2013 WI App 3

Julaine K. APPLING, Jo Egelhoff, Jaren E. Hiller, Richard Kessenich and Edmund L. Webster, Plaintiffs-Appellants. v. James E. DOYLE, Karen Timberlake and John Kiesow, Defendants-Respondents, Fair Wisconsin, Inc., Glenn Carlson, Michael Childers, Crystal Hyslop, Janice Czyscon, Kathy Flores, Ann Kendzierski, David Kopitzke, Paul Klawiter, Chad Wege and Andrew Wege, Intervening Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed December 20, 2012.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Michael D. Dean of First Freedoms Foundation, Inc., Brookfield; Richard Esenberg of Mequon; Austin R. Nimocks of Alliance Defense Fund, Washington, D.C.; and Brian W. Raum of Alliance Defense Fund, Scottsdale, Arizona.

On behalf of the intervening defendants-respondents, the cause was submitted on the brief of Brian E. Butler and Barbara A. Neider of Stafford Rosenbaum LLP, Madison, and Christopher R. Clark of Lambda Legal Defense & Education Fund, Chicago, Illinois.

A nonparty brief was filed by Dyann L. Hafner , assistant corporation counsel, and Marcia MacKenzie , corporation counsel, of Office of the Dane County Corporation Counsel, Madison, for Dane County.

A nonparty brief was filed by Laurence J. Dupuis of ACLU of Wisconsin Foundation, Inc., Milwaukee; John A. Knight of American Civil Liberties Union Foundation, Chicago, Illinois; Linda E.B. Hansen and Daniel A. Manna of Foley & Lardner LLP, Milwaukee; and David B. Goroff of Foley & Lardner LLP, Chicago, Illinois, for American Civil Liberties Union.

Before LUNDSTEN, P.J., HIGGINBOTHAM and BRENNAN, JJ.

LUNDSTEN, P.J.

¶ 1 Wisconsin's marriage amendment, ratified by voters in 2006, declares that the only "marriage" recognized in Wisconsin is a marriage "between one man and one woman." The amendment prohibits samesex couples from entering into a "legal status identical or substantially similar to that of marriage." WIS. CONST. art. XIII, § 13.

¶ 2 In 2009, our legislature passed a domestic partnership law, WIS. STAT. ch. 770.

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