• Doyle proposed a domestic partnership registry in the 2009-2011 budget.
• There is controversy over whether this is constitutional.
• If approved, same-sex couples would receive certain rights and benefits married couples receive.

The constitutionality of Gov. Jim Doyle's proposed domestic partnership registry, which would give same-sex couples more rights, is being called into question.

The registry was proposed as part of the 2009 to '11 budget. The way the budget is currently written, the registry would establish same-sex domestic partnership and provide partners with certain "rights and benefits" that spouses receive under the current law.

In November 2006, an amendment to the state constitution defined marriage as being between a man and a woman.

Section 13 of the Wisconsin Constitution reads, "A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state."

The state constitution is unclear when it says "substantially similar" to marriage, said Ed Fallone, associate professor of law. The language in the constitution "could mean anything," he said.

It will be up to the Wisconsin Supreme Court to decide what the constitution means, Fallone said.

When opponents to gay marriage were trying to pass the amendment, they said it would not bar domestic partnership protection, said Paul Cates, director of public education for the Lesbian Gay Bisexual Transgender project for the ACLU.

Cates said he hopes they'll respect that. You can't take back that promise, he said.

"It's not surprising to me that after a big hateful amendment, people are taking a step in a direction more fair toward lesbian and gay couples," Cates said.

There are multiple issues with the governor's proposal, said Julaine Appling, president of Wisconsin Family Action, an organization working to "(preserve) marriage, family, life and liberty" in the state, according to its Web site.

Something of this magnitude deserves to be taken alone, it should not be in the budget, she said. The government should not be advocating a "social experiment" during an economic crisis, Appling said.

The proposal does have some fiscal impact, said Lee Sensenbrenner, spokesman for Gov. Doyle's office. Before registering, couples would have to pay the county a fee, he said.

The budget sets a course of action for the state and shows the direction the state is going to move, Sensenbrenner said.

"We certainly believe it's a good thing for committed couples in Wisconsin to have certain legal protections," he said.

This proposal is marriage-like and is directly against the marriage amendment, she said. The amendment is not a ban on gay marriage, it is about protecting marriage, Appling said. It is not interested in "look alike" marriages, she said.

"They're attempting to create a legal status that's substantially similar to marriage," Appling said.

The co-chairs of the joint committee on finance agreed the provisions would be considered as part of the budget, said John Anderson, spokesperson for Mark Miller, state senator and co-chair of the committee.

The joint finance committee has not yet taken up the registry, said Emily Winecke, communication specialist for the Department of Administration.

The domestic partner benefits have not yet been dealt with by the committee, according to Charlene Vrieze, the committee clerk. They will take action in the next two months, she said.

If this part of the budget is approved, same-sex couples would have to apply at the county clerk's office for a declaration of domestic partnership. The applicants would have to pay the same fee the clerk receives for issuing a marriage license.

The county clerk would be required to keep a complete record of the applications filed for and the issuing of declarations of domestic partnership.

If approved, the registry would give same-sex couples over 20 rights married couples receive, including:

Property Rights: Joint property ownership, administration and transfer of deceased partner's estate.

Health Care Rights: Domestic partners can receive health care if an employer participates in Private Employer Health Care Purchasing Alliance Program, visitation rights in hospitals and other care facilities, family and medical leave.