AB475: Bill Text

LRB-3017/1

PJK:jld:jf

2003 - 2004 LEGISLATURE

2003 Assembly BILL 475

August 19, 2003 - Introduced by Representatives Gundrum, W. Wood, Hundertmark, Nischke, J. Fitzgerald, Weber, Albers, Nass, Grothman, M. Lehman, Montgomery, LeMahieu, Ott, Gottlieb, F. Lasee, Kreibich, Kestell, Pettis, Seratti, Suder, Ladwig, Freese, Hines, Gunderson, Krawczyk, Lothian, Huebsch, Friske, Petrowski, Towns, Van Roy, Honadel, Bies, Hahn, Olsen, D. Meyer and Owens, cosponsored by Senators S. Fitzgerald, Leibham, Zien, Stepp, Reynolds, Lazich, Schultz, Kanavas and Roessler. Referred to Committee on Judiciary.

AB475,1,3 An Act to renumber and amend 765.01; to amend 765.001 (2); and to create 765.01 (2), 990.01 (19p) and 990.01 (39) of the statutes; relating to: marriage between one man and one woman.

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 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. Finally, the bill adds, to an introductory statement in current law addressing the seriousness and significance of marriage, that it is this state's public policy that marriage may be contracted only between one man and one woman.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB475, s. 1 Section 1. 765.001 (2) of the statutes is amended to read:

AB475,3,3 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. The consequences of the marriage contract are more significant to society than those of other contracts, and the public interest must be taken into account always. The seriousness of marriage makes adequate premarital counseling and education for family living highly desirable and courses thereon are urged upon all persons contemplating marriage. The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. It is the public policy of this state that marriage may be contracted only between one man and one woman. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

AB475, s. 2 Section 2. 765.01 of the statutes is renumbered 765.01 (1) and amended to read:

AB475,3,8 765.01 (1) Marriage, so far as its validity at law is concerned, is a civil contract between one man and one woman, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.

AB475, s. 3 Section 3. 765.01 (2) of the statutes is created to read:

AB475,3,13 765.01 (2) Regardless of whether s. 765.04 applies and regardless of whether a marriage takes place in another jurisdiction in which marriage other than between one man and one woman is defined as valid, only marriage between one man and one woman shall be recognized as valid in this state.

AB475, s. 4 Section 4. 990.01 (19p) of the statutes is created to read:

AB475,3,16 990.01 (19p) Marriage. "Marriage" means a civil contract between one man and one woman that creates the legal status for the parties of husband and wife.

AB475, s. 5 Section 5. 990.01 (39) of the statutes is created to read:

AB475,3,18 990.01 (39) Spouse. "Spouse" means a party to a marriage.

AB475,3,19 (End)