Lesbian, gay, bisexual, and transgender (LGBT) people in the US state of Wisconsin share many of the same rights and responsibilities as heterosexuals; However, the transgender community may face some legal issues not experienced by non-trans citizens. Same-sex marriage has been valid in Wisconsin since October 6, 2014, when the US Supreme Court refused to consider an appeal in the case of Wolf v. Walker . Discrimination on the basis of sexual orientation is prohibited throughout the state of Wisconsin. It approved such protection in 1982, making it the first state in the United States to do so.
Wisconsin is also the first country to have US Senator LGBT, Democrat Tammy Baldwin. A recent poll has found that two-thirds of Wisconsinites support same-sex marriage.
Video LGBT rights in Wisconsin
Legality of same-sex sexual activity
Wisconsin was part of Michigan territory in 1836, when it adopted a sodomy ban imposed on heterosexual and homosexual sexual activity, excluding cunnilingus. The criminal prohibition was maintained when Wisconsin became a state in 1848. The definition expanded to include fellatio in 1897 as well as new crimes "taking undeserved freedom" with minors. In the 1950s, after a series of high profile sex crimes, Wisconsin criminalized cunnilingus and increased penalties for "sexual deviations". In 1959, the state banned people convicted of "sexual deviations" from using cars or vehicles in need of licenses.
In 1966, the Younger Wisconsin Democrats approved a resolution urging "the abolition of all legal restrictions on sexual intercourse between approved adults who do not infringe upon the rights of others", one of the first major political organizations in the United States to do so. Republican Governor Warren P. Knowles called the supporters of the resolution "homocrat" and some Democrats of all ages distanced themselves from language.
In the 1970s, the court challenge to sodomy laws on the grounds of privacy failed, but the Supreme Court of Wisconsin ruled that the law should not apply to personal and consensual acts between husband and wife. In 1976, the country lifted its ban on covering sodomy trials in newspapers. In 1977, the state classified consensual sodomy as a minor crime.
In 1983, Wisconsin passed the act of personal and non-commercial sodomy between approved adults. To get sufficient votes among the legislators, the bill states that Wisconsin does not approve of "sexual behavior outside the institution of marriage."
Maps LGBT rights in Wisconsin
Recognition of same-sex relations
Wedding
On June 6, 2014, Judge Barbara Brandriff Crabb of the United States District Court for the Western District of Wisconsin, ruling at Wolf v. Walker , violates state constitutional and legislative restrictions on same-sex marriage as a violation of the Fourteenth Amendment of the US Constitution. Her daughter stayed until October 6, 2014, when the US Supreme Court refused to hear an appeal in this case, allowing her verdict to take effect and ending Wisconsin's marriage rights abuses against same-sex couples.
Domestic partnership
Wisconsin also has a record of domestic partnerships that provide same-sex couples with limited rights, especially 43 of more than 200 marital rights granted to different sex couples. The registry, Chapter 770, was established in 2009 by the provisions included in the state's bi-annual statute bill and signed into law by Democratic Governor Jim Doyle. The registration of Wisconsin domestic partnerships for same-sex couples does not provide adoption of stepchildren. Wisconsin is the first state in the Midwest to impose a form of recognition for same-sex unions. Of the few states that prohibit same-sex marriage and/or civil unions, Wisconsin is the first and only one to impose limited domestic partnerships.
The registry survived the court challenge, initially Applying v. Doyle , which claims to violate state constitutional amendments that prohibit the creation of "similar to marriage" legal status for same-sex couples. On July 31, 2014, the Supreme Court of Wisconsin voted unanimously in the case, now known as Appling v Walker, that the registry is constitutional, citing statements made by proponents of constitutional amendments in question "that the Amendment will not preclude mechanisms for legislative grants of certain rights for same-sex couples.
Wisconsin has provided benefits to same-state counterparts since 2009. In some jurisdictions, the benefits of domestic partnerships for state employees have been extended beyond the rights granted to other employees under the state's domestic partnership registry.
Wisconsin terminated its domestic partnership registration on April 1, 2018.
Adoption and parenting
The Wisconsin domestic partner registry does not grant parental rights, but same-sex couples may obtain limited rights through co-parenting agreements, which may not always apply, or other legal arrangements granted by state courts.
Wisconsin residents can adopt as individuals without respect for sexual orientation and LGBT individuals have been given the right of joint adoption by certain jurisdictions. The adoption of an illegitimate stepchild under the domestic partner registry of the country. The adoption agency in Wisconsin will ensure that after the same-sex couples get custody, other couples receive comparable parental rights or full guardianship.
The benefits of domestic partners to state employees ensure that one partner's responsibility is covered by other partner health insurance.
Following the legalization of same-sex marriage in October 2014, joint adoption is also permitted to marry same-sex couples.
Birth certificate
In September 2016, a federal judge ruled that the state should put the names of both same-sex parents on the birth certificates of their children. The decision was caused by a lesbian couple who sued the Wisconsin Department of Health Services in 2015 after refusing to name both of their names on their son's birth certificate.
Protection of discrimination
In 1982, Wisconsin was the first state to prohibit discrimination on the basis of sexual orientation in employment, housing, education, credit and all public accommodation. When Republican Governor Lee S. Dreyfus signed the law, he said that "It is a fundamental principle of the Republican Party that the government should not interfere with the private life of the individual in which no state destination is served, and nothing more personal or intimate. You live and who you love. "
There are no state-level laws against discrimination based on gender identity. Dane and Milwaukee districts, along with Appleton, Cudahy, De Pere, Janesville, Madison and Milwaukee cities prohibit discrimination based on gender identity.
Hates criminal law
Wisconsin's hate crimes law punishes violence based on sexual orientation, but not gender identity.
Although gender identities are not explicitly included in Wisconsin's hate crime laws, perceived sexual orientation is often used as a medium to try individuals acting on the basis of gender identity.
Anti-bullying laws and policies
In 2001, Wisconsin legislators passed laws prohibiting discrimination based on sexual orientation in every school.
Any school in the state of Wisconsin that receives federal funds (regardless of being public or private) "is required by federal law to address discrimination on a number of different personal characteristics."
Gender identity and expression
Wisconsin allows a person born in a state that has completed a genital change operation to change their birth certificate after operation documentation and name change are provided.
A Wisconsin 2005 law denying hormone therapy for prisoners undergoing genital change surgery, the Inmate Fate Prevention Act, has decided unconstitutional in unanimous opinion in the case of Fields v. Smith by a panel of three judges of the United States Court of Appeal for the Seventh Circuit on August 5, 2011.
The US Supreme Court refused to hear the appeal of the decision on March 26, 2012.
Conversion therapy
In March 2018, Milwaukee became the first city in the state to agree a ban on conversion therapy for minors. The ordinance was signed into law by Mayor Tom Barrett on April 4, and it came into effect 10 days later.
Summary table
See also
- Equality Wisconsin
References
Source of the article : Wikipedia