Appling v. Doyle
What's at Stake
Defending Wisconsin domestic partnerships
Summary
The American Civil Liberties Union filed a brief in the Wisconsin Supreme Court on behalf of four same-sex couples and the LGBT Chamber of Commerce asking the Court to affirm the lower court rulings that the state’s domestic partner law does not violate Wisconsin’s anti-gay marriage amendment. Anti-gay activists have asked the Court to strike down the domestic partner law as inconsistent with the marriage amendment.
Prior to the current lawsuit, the same activists petitioned the Wisconsin Supreme Court directly, claiming that they needed a speedy decision because the modest legal protections granted to same-sex couples through the law somehow affected the marriages of straight couples. The Wisconsin Supreme Court dismissed the case, so the petitioners filed a new case in circuit court. Our motion to intervene on behalf of same-sex couples was denied, but we were given leave to file a friend-of-the-court (amicus) brief. The trial court ruled against the plaintiffs as did the court of appeals, where we also filed an amicus brief. Our amicus brief in the Wisconsin Supreme Court argues that finding the domestic partner law unconstitutional is bad for business, since the domestic partner law complements the decisions of Wisconsin employers to provide domestic partner benefits and helps them attract and retain the best employees. It also argues that domestic partner benefit programs were in place with criteria like those in the challenged domestic partner law at the time the marriage amendment was debated and passed. The amendment proponents’ assured voters that existing domestic partner programs would be secure, so striking down the domestic partner law would violate voter expectations regarding the scope of the amendment
Status: VICTORY! On July 31, 2014, the Wisconsin Supreme Court uninaimously ruled to protect domestic partnership provisions without discrimination on the basis of gender.
Legal Documents
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11/30/2011
Appling v. Doyle - Brief of Amici Curiae in Opposition to Brief of Plaintiffs-Appellants-Cross Respondents
Date Filed: 11/30/2011
Affiliate: Wisconsin
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11/04/2009
Appling v. Doyle - Order of Dismissal
Date Filed: 11/04/2009
Affiliate: Wisconsin
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10/12/2013
Appling v. Doyle - Amicus Brief for LGBT Chamber of Commerce & Same-Sex Couples
Date Filed: 10/12/2013
Affiliate: Wisconsin
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10/01/2010
Notice of Motion and Motion for Leave to Intervene
Date Filed: 10/01/2010
Affiliate: Wisconsin
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10/01/2010
Brief in Support of Motion to Intervene
Date Filed: 10/01/2010
Affiliate: Wisconsin
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10/01/2010
Answer of Intervening Defendants
Date Filed: 10/01/2010
Affiliate: Wisconsin
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09/22/2009
Appling v. Doyle - Response to Appellants' Motion
Date Filed: 09/22/2009
Affiliate: Wisconsin
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09/22/2009
Appling v. Doyle - Motion to Intervene
Date Filed: 09/22/2009
Affiliate: Wisconsin
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07/23/2009
Appling v. Doyle - Petition
Date Filed: 07/23/2009
Affiliate: Wisconsin
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06/20/2011
Appling v. Doyle - Decision
Date Filed: 06/20/2011
Affiliate: Wisconsin
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05/20/2011
Appling v. Doyle – Brief of Amici Curiae
Date Filed: 05/20/2011
Affiliate: Wisconsin
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02/16/2011
Appling v. Doyle - Reply Brief in Support of Motion for Reconsideration
Date Filed: 02/16/2011
Affiliate: Wisconsin
Download DocumentPress Releases
Wisconsin Appeals Court Upholds Domestic Partnership Protections for Same-Sex Couples
ACLU Opposes Discriminatory Lawsuit Challenging Wisconsin’s Domestic Partner Law
Couples Seek To Help Defend Lawsuit Challenging Wisconsin’s Domestic Partner Law
Wisconsin Supreme Court Dismisses Challenge to Domestic Partnership Registry
Domestic Partners Seek To Intervene In Lawsuit Challenging Wisconsin's Domestic Partner Law