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Reality Check: Clarification Needed For Marriage Amendment Ad

Fair Wisconsin Paid For Ad

UPDATED: 10:18 am CDT October 3, 2006

A heavily played political television ad is tugging at the hearts of voters.

The ad questions a very contentious issue: the marriage amendment.

WISC-TV political reporter Colin Benedict put the ad through a "Reality Check" and found it truthful, but in need of some clarification.

The group Fair Wisconsin paid for the ad. It breaks down the marriage amendment issue into very personal terms.

It features a woman named Lynn speaking about her partner and their daughter.

The ad said, "Jean and I were together for about 15 years and we decided to adopt Katy. Then Jean was diagnosed with cancer."

The ad goes on to describe how difficult it was for Lynn to deal with her partner's disease both personally and medically.

"It wasn't clear if I could visit her or not or whether I could make a decision to put her on a respirator or not," said Lynn.

Gay and lesbian partners do not automatically get to make medical decisions for their partners like married couples do, but they are not barred from it either.

If a power of attorney for health care is filled out, a gay or lesbian partner can make all the decisions and have visitation rights. The difference is that it is not granted automatically like it is to married couples.

In the ad, Lynn did have power of attorney for health care.

There was confusion at one point during Jean's medical treatment when she was put in intensive care and suddenly there were new doctors questioning the relationship.

The ad states the marriage amendment could threaten those rights if passed into the constitution.

Fair Wisconsin said the threat comes from the vagueness of the second sentence of the amendment which reads; "A legal status identical or substantial similar to that of marriage for unmarried individuals shall not be valid or recognized in this state."

At least 17 former presidents of the state Bar Association said those words could bring court challenges on medical rights, although similar language in other state constitutions has not been challenged on those grounds.

The end of the ad features Lynn talking about finances.

"Before she died she was very concerned about Katy's future and the financial future of our family," said Lynn. "Jean wanted to be here for Katy forever."

Gay and lesbian couples do face roadblocks when a partner dies. There could be difficulties making funeral arrangements and dealing with inheritance.

But a vote of "No" on the amendment just defeats the amendment. It does not change the current law.



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