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Voters Approve Controversial Marriage Amendment

Amendment Is Added To State Constitution

By Brennan Nardi
Special To Channel 3000

MADISON, Wis. -- Two days after a strongly worded message on the definition of marriage rang out from every pulpit in the Madison Catholic Diocese, voters in the city and the state followed national trends in amending the state constitution to prohibit same-sex marriages and civil unions.

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The constitutional amendment -- more commonly known as the "gay marriage ban" -- won handily, by a margin of 59 percent to 41 percent, and will join a state statute that already defines marriage as a heterosexual-only institution.

Bishop Robert Morlino's mandatory audio message to parishioners in 11 counties urging parishioners to support the ban struck a final blow to the opposition that trailed in most polls in the weeks and months leading up to the election.

In his 14-minute speech, Morlino weighed in on the Catholic Church's views on same-sex marriage as well as other hot-button questions on Tuesday’s ballot, including an advisory referendum on whether to enact a death penalty as well as stem-cell research, which played heavily in the campaign for governor.

"We cannot protect for people rights that they do not enjoy, and there is no right to redefine marriage," Morlino said in the controversial statement to people who attended Mass on both Saturday and Sunday.

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Did Wisconsinites make the right calling in voting in favor of the marriage amendments?

Other notables entered the debate on the eve of the election, including Madison East High and University of Wisconsin–Madison graduate Bradley Whitford, a TV and film actor best known for his role as Josh on "The West Wing." Whitford also recorded a message, this time an automated telephone call sent out to more than 200,000 Wisconsinites by the "Vote No" group Fair Wisconsin reminding them to vote.

Voters were charged with deciding whether to add amendment that reads as follows: "Marriage. Shall section 13 of article XIII of the constitution be created to provide that only a marriage between one man and one woman shall be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state?"

Fair Wisconsin mounted a major effort statewide to oppose the amendment, claiming more than 10,000 volunteers, 11,000 individual money donors and "one of the broadest coalitions in state history," communications director Josh Freker told WISC-TV.

Freker is referring to progressive-minded political organizations as well as pro-business groups, such as the greater Madison Chamber of Commerce and Downtown Madison, Inc., faith-based groups, church leaders, and labor unions around the state who all publicly opposed the ban. Both business and education leaders pointed to a harsher climate for diversity that would make it more difficult to attract and retain a talented workforce.

While that message resonated with a clear majority of voters in Dane County, Matt Rothschild, editor of The Progressive magazine, pointed to an unexpected disconnect -- voters who supported Gov. Jim Doyle but not his opposition to the amendment.

In 2003, Doyle vetoed legislation to define marriage as a union between "a man and a woman," arguing that a law already on the books defining marriage as a union between "a man and a wife" went far enough.

But not everyone agreed. In 2004, the state Senate approved a bill to create a constitutional amendment banning same-sex marriages and "substantially similar" civil unions. The state Assembly followed suit, which set in motion the rule for amending the state constitution -- any proposed amendment must pass both houses of the Legislature in consecutive sessions. If the measure passes both chambers in both sessions, which it did in 2004 and 2005, it is placed on a statewide ballot for the people of Wisconsin to decide.

The Associated Press reported the amendment's passage a little more than an hour after the polls closed, with only 5 percent of the precincts reporting.

"Vote Yes" supporters said that the amendment would prevent courts from overriding the existing state statute and grant same-sex couples the legal protections of marriage.

While Wisconsin hasn't faced this kind of court challenge to date, rulings or legislation in favor of same-sex marriage or other legal unions have occurred in Massachusetts, Vermont and a number of other states. Late last month, New Jersey became the latest state to grant equal rights for gay and straight couples.

Conceding defeat just after 10 p.m., Fair Wisconsin told WISC-TV it would not lose long term and that they would "achieve equality for the families of Wisconsin."

The faith-based group Family and Research Institute of Wisconsin as well as its campaign arm Vote Yes for Marriage did not return calls to Channel 3000 for comment but told WISC-TV, "I think the people of Wisconsin understand that marriage is about a man and a woman…"

Madison mayor-turned-blogger Paul Soglin disagreed. In a 9:11 p.m. posting on his Web site waxingamerica.com he told viewers:

"I wonder how long it will take the next generation to overturn the mean-spirited vote on the equality issue. If Fair Wisconsin can be sustained, we can reverse this cruelty that violates all sense of justice and fairness. I hope that Catholics of goodwill continue to struggle with church leaders who fail to understand spiritual generosity."

But the "Vote No" camp has said overcoming both a state law and now a constitutional amendment could jeopardize gay couples' legal right to marriage or civil unions. In addition, opponents said, the ban could put domestic partnership benefits, for both same-sex and unmarried heterosexual couples, in limbo for lawmakers and courts to decide the outcome.

U.S. Rep Tammy Baldwin, who won re-election to her seat in the 2nd congressional district, told WISC-TV the amendment "harms real families in Wisconsin." Baldwin celebrated her win at Monona Terrace in Madison on Tuesday night, while consoling the "Vote No" supporters gathered in the same location.

"While constitutions are difficult to amend, I've seen many changes on civil rights issues over the decades, and we'll see those changes here in Wisconsin," Baldwin said.

Wisconsin was one of eight states with a similar ballot question and follows 19 other states in passing constitutional amendments.

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