'Defense of marriage' debate becomes divorce discussion
10:54 PM 11/05/03
Scott Milfred State government reporter

A bill defining marriage in Wisconsin as strictly between one man and one woman cleared the Republican-run state Senate on Wednesday but faces a likely veto from Democratic Gov. Jim Doyle. <

The Senate voted 22-10 for Assembly Bill 475, dubbed "the defense of marriage act" by supporters. They want to make sure Wisconsin isn't forced to allow or recognize gay and lesbian civil unions legalized in other countries and states. <

"The old definition (of marriage) that many people will say is adequate really has been weakened," said Sen. Scott Fitzgerald, R-Juneau, a key sponsor. "Other states could impose their definition of marriage on us." <

That could include Hawaii, where a state supreme court ruling legalized same-sex unions, Fitzgerald said. Ontario, Canada, also allows such unions and court battles are pending in Massachusetts, New Jersey and Indiana. <

But most Democrats called the bill a needless attack on gays and lesbians. Current law already defines marriage as between a husband and wife, they noted. <

"You're going to make a decision about chastising a group of people, singling them out, dividing our state for political expediency," Sen. Tim Carpenter, D-Milwaukee, told the bill's supporters. <

Carpenter, the only openly gay member of the Senate, said the legislation could lead to more violence against gays and lesbians. He also criticized the bill for ignoring what he called the real threat to marriage - divorce. <

Carpenter offered an amendment limiting marriage to people who haven't been divorced. But Sen. Bob Welch, R-Redgranite, said that would void many second marriages that currently are legal. Welch, substituting as presiding officer of the Senate, threw out the amendment without a vote. <

All 18 Senate Republicans supported the bill. They were joined by four Democrats - Roger Breske of Eland, Russ Decker of Schofield, Dave Hansen of Green Bay and Bob Wirch of Pleasant Prairie. All but Decker are up for re-election next year. <

The 22 votes for the bill meets the two-thirds standard needed to override a governor's veto. But the four Democrats indicated immediately after Wednesday's action that they might side with the governor if a veto attempt occurs. <

More than two-thirds of the Republican-run state Assembly voted 68-29 last month for the same bill. But a successful veto override in that house also appears unlikely. <

Senate Minority Leader Jon Erpenbach, D-Middleton, said one-third of the Senate has been divorced or are in the process now, including himself. <

"That is probably a lot more than the national or state average," he said. "Yet we stand here today trying to defend marriage. This isn't going to do anything for my marriage or other legislators going through similar situations." <

Fitzgerald said perhaps laws allowing no-fault divorce should be tightened.