Madison – Gov. Scott Walker believes a new law that gives gay couples hospital visitation rights violates the state constitution and has asked a judge to allow the state to stop defending it.
Democrats who controlled the Legislature in 2009 changed the law so that same-sex couples could sign up for domestic partnership registries with county clerks to secure some – but not all – of the rights afforded married couples.
Wisconsin Family Action sued last year in Dane County circuit court, arguing that the registries violated a 2006 amendment to the state constitution that bans gay marriage and any arrangement that is substantially similar.
Republican Attorney General J.B. Van Hollen refused to defend the lawsuit, saying he agreed the new law violated the state constitution. Then-Gov. Jim Doyle, a Democrat, hired Madison attorney Lester Pines to defend the state.
Walker, a Republican, replaced Doyle in January and fired Pines in March. On Friday, Walker filed a motion to stop defending the case.
