Officials may protest gay marriage ban with addition to oath

MADISON (AP) – City officials could become the first in the nation to protest a state ban on gay marriage with a strong dissent added to their oath of office.

Madison residents voted 2-to-1 in November against the ban, which passed easily statewide. The city council will consider a plan today to allow elected and appointed officials to register their disagreement when they take their oaths of office and swear to uphold the Wisconsin and U.S. constitutions.

Officials would have the option of signing a statement saying they took the oath under protest because the amendment "besmirches our constitution." They would pledge to fight to overturn the amendment and to minimize its impact.

Human Rights Campaign, the nation's largest gay rights group, believes the protest would be the first of its kind in the country, national field director Marty Rouse said.

The overwhelming vote in support of the ban in Wisconsin was seen as a stinging defeat for gay rights in a state once known as a leader in the area.

Smarting from the loss, supporters of the protest say it would allow officials who believe in gay rights to be sworn in with a clear conscience and make gays and lesbians more comfortable serving in public office.

But conservative groups and some scholars say tinkering with the oath signals that Madison officials will carry out only the laws they support, setting a dangerous precedent.

"It would seem to me that it is illegal for people taking an oath of office to pick and choose what portions of the constitution they will affirm and uphold," said Julaine Appling, a social conservative who pushed the gay marriage ban.