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Common Council Approves Oath Objection Resolution

Common Council Vote Garners National Attention

Updated: 7:53 am CST January 17, 2007

The Madison Common Council approved a proposal Tuesday night to protest the state's constitutional amendment banning same-sex marriage by changing the oath of office.

discussionTALKBACK: Is This The Right Thing To Do?

After about 45 minutes of debate, the Common Council approved the measure by a vote of 14-4.

The measure allows elected or appointed officials to protest the ban while taking the oath of office and swear to uphold the Wisconsin and U.S. constitutions.

The approved measure gives officials the option of signing a statement that they took the oath "under protest." They can also pledge to fight to overturn the amendment, WISC-TV reported.

There wasn't a large turnout from the public to speak Tuesday night, but rather just a handful who voiced their opinion. Instead, members of the council had the most to say.

The push for the resolution began with Dan Ross, a gay man with a partner of 14 years, who resigned from the Equal Opportunities Commission after Wisconsin passed the marriage amendment.

Ross said he could no longer pledge to uphold the constitution.

"We might very well decide to get civilly married legally in another state, and it seems every move I take would be called into question if I signed an oath like this," Ross said.

To help right what they saw as wrong, several council members came up with the resolution.

"Dan (Ross) is the living embodiment of what the discrimination is all about," said Madison Alder Mike Verveer.

Supporters of the measure said that, while it can't change the same-sex marriage ban, it does offer an olive branch to those offended.

"There are many of us being sworn in to office that will breathe a lot if we're able to make this additional statement at the time of our swearing in," Verveer said.

Longtime Madison resident Dan Cornwell said he thinks the marriage amendment isn't fair, but he said that protesting after taking the public oath isn't the answer.

"It seems to me there's a suggestion here of building in a mental reservation, which is contrary to the notion of an oath," Cornwell said.

Opponents of the resolution said it reflects an attitude of arrogance.

"This resolution sets a dangerous precedent, and once again the council looks foolish and our work here will be discredited because we've approved yet another resolution contrary to common sense," said Madison Alder Cindy Thomas.

The wording of the measure has changed since Monday night. Rather than being called an amendment to the oath protesting the same-sex marriage ban, this will be a statement.

The change came about to protect the council from legal issues because all new elected and appointed officials must, by state law, take an oath.

The Common Council vote has garnered national attention.

Several council members and Ross received phone calls on Tuesday from Fox's "O'Reilly Factor," likely because Madison is the first to allow an oath taken under protest.

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