LRB-4148/1
PJK:cjs:jf
1999 - 2000 LEGISLATURE
February 22, 2000 - Introduced by Representatives Gundrum, Ladwig, Musser,
Wood, Seratti, Albers, Gunderson, Grothman, Leibham, F. Lasee, Kestell,
Owens, Jensen, Pettis, Goetsch, Freese, Nass, Suder, Kreibich, Vrakas,
Urban, Petrowski, Huebsch, Hoven
and Klusman, cosponsored by Senators
Fitzgerald, A. Lasee, Huelsman, Schultz, Roessler, Farrow, Drzewiecki,
Zien
and Lazich. Referred to Committee on Family Law.
AB781,1,3 1An Act to renumber and amend 765.01; and to create 765.01 (2), 990.01 (19p)
2and 990.01 (39) of the statutes; relating to: marriage between one man and one
3woman.
Analysis by the Legislative Reference Bureau
Current law provides that marriage is a civil contract that creates the legal
status of husband and wife. The consent of the parties is essential, and the parties
must have the legal capacity to enter into a contract. In addition, current law
prohibits certain marriages, such as a marriage between persons who are nearer of
kin than second cousins or a marriage in which at least one of the persons was
divorced less than six months before the marriage. If a person who is prohibited from
marrying in this state leaves the state for the purpose of contracting a marriage in
a state where the marriage is valid, that marriage is void in this state. Such a person
will be considered to have left this state for the purpose of marrying in the other state
if he or she lived in this state within 12 months before marrying in the other state
and resumed residence in this state within 18 months after leaving this state, or if
he or she maintained a residence in this state the entire time that he or she was away.
This bill specifies that marriage is a civil contract between one man and one
woman. The bill provides that only marriage between one man and one woman will
be recognized as valid in this state, regardless of whether a marriage took place in
a jurisdiction that defined marriage other than between one man and one woman as
valid, and regardless of whether the statute regarding marrying in another state to
circumvent the marriage laws of this state applies to a marriage. The bill also

provides definitions for "spouse" and "marriage" for purposes of statutory
construction. A "spouse" is defined as a party to a marriage, and "marriage" is
defined as a civil contract between one man and one woman that creates the legal
status for the parties of husband and wife.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB781, s. 1 1Section 1. 765.01 of the statutes is renumbered 765.01 (1) and amended to
2read:
AB781,2,6 3765.01 A civil contract. (1) Marriage, so far as its validity at law is
4concerned, is a civil contract between one man and one woman, to which the consent
5of the parties capable in law of contracting is essential, and which creates the legal
6status of husband and wife.
AB781, s. 2 7Section 2. 765.01 (2) of the statutes is created to read:
AB781,2,118 765.01 (2) Regardless of whether s. 765.04 applies and regardless of whether
9a marriage takes place in another jurisdiction in which marriage other than between
10one man and one woman is defined as valid, only marriage between one man and one
11woman shall be recognized as valid in this state.
AB781, s. 3 12Section 3. 990.01 (19p) of the statutes is created to read:
AB781,2,1413 990.01 (19p) Marriage. "Marriage" means a civil contract between one man
14and one woman that creates the legal status for the parties of husband and wife.
AB781, s. 4 15Section 4. 990.01 (39) of the statutes is created to read:
AB781,2,1616 990.01 (39) Spouse. "Spouse" means a party to a marriage.
AB781,2,1717 (End)
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