LRBs0165/1
PJK:kmg:km
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
TO 1997 ASSEMBLY BILL 104
May 13, 1997 - Offered by Representatives Seratti, Wood and Grothman.
AB104-ASA3,1,2 1An Act to amend 765.001 (2); and to create 765.015 of the statutes; relating
2to:
marriage between one man and one woman.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB104-ASA3, s. 1 3Section 1. 765.001 (2) of the statutes is amended to read:
AB104-ASA3,2,114 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability
5and best interests of marriage and the family. It is the intent of the legislature to
6recognize the valuable contributions of both spouses during the marriage and at
7termination of the marriage by dissolution or death. Marriage is the institution that
8is the foundation of the family and of society. Its stability is basic to morality and
9civilization, and of vital interest to society and the state. The consequences of the
10marriage contract are more significant to society than those of other contracts, and
11the public interest must be taken into account always. The seriousness of marriage
12makes adequate premarital counseling and education for family living highly

1desirable and courses thereon are urged upon all persons contemplating marriage.
2The impairment or dissolution of the marriage relation generally results in injury
3to the public wholly apart from the effect upon the parties immediately concerned.
4Under the laws of this state, marriage is a legal relationship between 2 equal
5persons, a husband and wife, who owe to each other mutual responsibility and
6support. Each spouse has an equal obligation in accordance with his or her ability
7to contribute money or services or both which are necessary for the adequate support
8and maintenance of his or her minor children and of the other spouse. No spouse may
9be presumed primarily liable for support expenses under this subsection. It is the
10public policy of this state that marriage may be contracted only between one man and
11one woman, as husband and wife.
AB104-ASA3, s. 2 12Section 2. 765.015 of the statutes is created to read:
AB104-ASA3,2,14 13765.015 Who may marry. (1) Marriage may be contracted only between one
14man and one woman, as husband and wife.
AB104-ASA3,2,16 15(2) Regardless of whether s. 765.04 applies, a marriage, even if valid where
16contracted, is void for all purposes in this state if it does not conform to sub. (1).
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