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Prisoners of love: Wis. gay couples who marry elsewhere could be jailed

LOUIS WEISBERG | Wisconsin Gazette
Saturday, September 7, 2013

Under an arcane and seldom enforced “marriage evasion” law, Wisconsin same-sex couples who tie the knot in a marriage-equality state, such as neighboring Iowa or Minnesota, could face nine months in jail and a $10,000 fine when they return home as newlyweds.

Statute 765.30(1)(a) of the Wisconsin code provides the penalty to “any person residing and intending to continue to reside in this state who goes outside the state and there contracts a marriage prohibited or declared void under the laws of this state.”

The law, which is similar to evasion laws in other states, was enacted in 1915 to prevent Wisconsinites from going to other states and entering into marriages prohibited here, such as marriages involving cousins or people under the state’s legal age of consent.

The most recent prosecution of the law that Wisconsin Gazette was able to find was a 2001 case involving a man who left the state to get married 30 days after his divorce became final. Wisconsin law requires divorced people to wait six months before entering into another marriage.

Wisconsin Gazette was unable to find evidence that the law has ever been used to prosecute a same-sex Wisconsin couple, despite the fact that many have married outside the state, including U.S. Rep. Mark Pocan and his husband Phil Frank.

But in the wake of the Supreme Court decision revoking Section 3 of the Defense of Marriage Act, which withheld federal recognition for same-sex marriages, the White House is on an expedited course to extend as many federal marriage benefits as possible to lesbian and gay couples who are eligible.

The rapidly changing federal policies on same-sex marriage have made evasion laws like the one in Wisconsin potential legal quagmires.

ACLU of Wisconsin executive director Chris Ahmuty said it’s not difficult to imagine a rogue district attorney apprehending a same-sex couple married out of state in order to make a statement or score political points, just as renegade county clerks in New Mexico and Pennsylvania are handing out marriage licenses to test the law in those states.

In a July 9, 2008, interview that aired on CNN.com, Julaine Appling, CEO of Wisconsin Family Council, advocated for the prosecution of same-sex couples under the marriage evasion law.

“You purposely left the state or another state and you get married and you know it’s not going to be legal where you reside and you have every intention of returning. That’s defrauding the government,” Appling said in the interview.

Appling, a never-married woman who has lived for decades with another never-married woman in a home they own jointly in Watertown, continues to work fiercely against equality.

She’s currently behind a lawsuit to overturn the state’s domestic partner registry law, which offers some key rights to same-sex couples in Wisconsin, such as inheritance and hospital visitation.

At the time Appling advocated for the prosecution of same-sex couples who marry out of state, labor and employment law attorney Tamara Beth Packard told the Wisconsin Law Journal that while prosecution under the law seemed unlikely, it also seemed possible.

“I don’t think we should underestimate the level of animosity that some people have toward gay and lesbian couples who try and receive some legal recognition of their relationship,” she said then.

Since then, the issue of same-sex marriage has become far more prominent, with a dwindling number of opponents more entrenched than ever.

Taxing problems

The ACLU’s Ahmuty said that in order to be in violation of the law, a married same-sex couple would have to attempt to exercise a legal right in Wisconsin that’s reserved only for married couples, such as file a joint state tax return or treat property as if it was community property.

Ahmuty said couples would be foolhardy to test the state’s marriage evasion law. “The penalties are so strict,” he warned. “People who go ahead and do this are putting themselves at a considerable risk.”

But at the same time, Ahmuty is actively encouraging same-sex couples registered with Wisconsin’s domestic partner registry to apply for Social Security benefits as a couple. That, he explained, is because the registry allows partners to inherit property without a will, which is the legal standard used by the Social Security Administration in approving claims for couples.

Single people are entitled to Social Security benefits based solely on their own earnings, but married couples have more generous options. Not only can they inherit their spouse’s benefits, but if one spouse earned lower wages than the other, or did not earn enough Social Security credits to be insured for retirement benefits, he or she may be eligible to receive the benefits of a spouse.

To demonstrate just how complicated the legal situation is, Ahmuty said Wisconsin couples should apply for Social Security benefits under the state’s partner registry law and not on the basis of an out-of-state marriage, which would be an active violation of the state’s marriage evasion law.

This use of the registry is unproven, however, and the registry faces a lawsuit seeking to overturn it for allegedly violating a voter-backed constitutional amendment banning any legal arrangement between same-sex partners that is “substantially similar” to heterosexual marriage. The Wisconsin Supreme Court, whose justices are primarily conservative Republicans, will determine the case.

The recent announcement that the federal government will allow same-sex couples married in any equality state, regardless of where they reside, to file joint federal tax returns poses yet another conundrum under Wisconsin’s marriage evasion law.

Ahmuty said that same-sex couples who want to take advantage of this benefit must be careful to file separate state tax returns as single individuals, even if they file joint federal returns.

Filing joint state tax returns as a married couple would not only be rejected by the Wisconsin Department of Revenue but could trigger prosecution under the marriage evasion law, Ahmuty warned.

Fluid situation

Fair Wisconsin is “trying to make sure people understand what is coming out as it unfolds,” said Fair Wisconsin president and CEO Katie Belanger. “Given our state ban on marriage equality and marriage evasion statutes, the IRS’ decision to allow same-sex couples who are legally married in another jurisdiction to file joint taxes puts Wisconsin in a difficult position. We would strongly encourage the Wisconsin Department of Revenue to generate clear guidelines for married same-sex couples in Wisconsin well before the tax filing season begins.”

Belanger urged same-sex couples to seek professional advice from their lawyers and accountants.

She noted that in addition to presenting a hardship for same-sex couples, the patchwork of often-contradictory laws governing marriage in different states presents a nightmare for businesses with multi-state operations. They must apply a confusing variety of withholding laws and personnel policies to gay and lesbian employees in different states. This scenario presents yet another drag on the state’s economy, which currently ranks 38th in the nation in terms of job creation.

Ahmuty said the confusion will eventually be resolved by a boatload of legal cases wending their way through the judicial system and the eventual overturning of DOMA’s Section 2, which declares that states and territories of the United States have the right to deny recognition of same-sex marriages that originated in other states or territories.

The June 26 Supreme Court decision did not address Section 2, but Ahmuty and others believe it’s only a matter of time.

“Section 2 is going to get overturned someday and there’s a lot happening in the pipeline, so people just need to be patient,” he advised.

Editor’s note: Wisconsin Attorney General J.B. Van Hollen and his office did not return calls seeking clarification of the state’s position on same-sex Wisconsin couples married out of state. Van Hollen opposes marriage equality and, along with Gov. Scott Walker, refused to defend the state’s domestic partner registry law from a suit brought by the anti-gay group Wisconsin Family Action.

© Wisconsin Gazette.
An LGBTQ Nation media partner.

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182 more reader comments:

  1. BULLSHIT this wasa law based on interracial marriage TIME to welcome the 21st century IF the yTRY t oenforce this law MAJOR lega lcosts for the state ONCE again EVER wonder how much WALKER has spent of tax dollars defending laws and enforcing laws? HUGE WASTE

    Posted on Saturday, September 7, 2013 at 5:38pm
  2. :

    Posted on Saturday, September 7, 2013 at 5:39pm
  3. hopefully the legislature will get rid of that. i think there are a million battles to fight and lots of reasons to be wary of the ways the oppression really hits us every day without stirring up fears about something that will almost undoubtedly never happen.

    Posted on Saturday, September 7, 2013 at 5:39pm
  4. That’s just wrong who’s fucking business is it of urs what we decide to do with ours lives . Now u want to put us in jail for it . WTF .

    Posted on Saturday, September 7, 2013 at 5:40pm
  5. What a frigging joke that state is. I would get married just to take that law to court. It is so totally unconstitutional.

    Posted on Saturday, September 7, 2013 at 5:40pm
  6. I'm pretty sure that doing something with the express intent of using the charge as a means to challenge a law would invalidate your claim. Now, if you did it in the regular course of your life, that's a different story altogether.

    Replied on Sunday, September 8, 2013 at 6:41am
  7. Thanks you Morgan but actually you sound like a lawyer who would take what was said to literal and run with it or maybe okay or maybe just a republican.

    Replied on Sunday, September 8, 2013 at 6:53am
  8. I agree with ya, Fred, but something like unconstitutionality would not faze anyone like Scott Walker. Their sense of entitlement and their own overarching arrogance does not permit anyone else's views to come into play. They are driven by two mantras "I've got mine...screw you" and "it's my way or the highway."

    Replied on Sunday, September 8, 2013 at 12:11pm
  9. Geez.

    Posted on Saturday, September 7, 2013 at 5:41pm
  10. There’s all kinds of shit happening in this battle that I never thought I’d see, stuff having to do with the separation of church and state. Growing up in the Bible Belt, even then we knew that you weren’t supposed to base laws on religion. That’s why the pilgrims came, right? But look at NC.

    Posted on Saturday, September 7, 2013 at 5:42pm
  11. I wouldn't rule anything out..

    Replied on Saturday, September 7, 2013 at 5:42pm
  12. i saddly, have to agree with you.

    Replied on Saturday, September 7, 2013 at 8:04pm
  13. Wisconsin the new Russia.

    Posted on Saturday, September 7, 2013 at 5:42pm
  14. Talk about *owning* your residents.*we wont give them equal rights but we will also make sure they go to jail if they get it else where* know what i say? pack your shit and leave the state for good.fuck em

    Posted on Saturday, September 7, 2013 at 5:42pm
  15. I understand what you mean (living in Indiana and all). But, why should an American born in a non marriage equality (or that does not even have gay rights for that matter) be forced to move? I say FIGHT BACK!

    Replied on Saturday, September 7, 2013 at 6:28pm
  16. I agree 100% but there are some people who cant physically be put in jail (kids,other worries) and those are the ones i encourage to move instead of putting themselves in harms way but even they can return to continue the fight.and we all know the hardest way to hit such things is in the pocketbook.if over half of their income up and left,imagine what kind of fight that would be.it would speak volumes.

    Replied on Saturday, September 7, 2013 at 6:29pm
  17. Tell that to my DP who has a son here, and his dad is not about to move. Leaving this state would mean not seeing her son.

    Replied on Sunday, September 8, 2013 at 6:42am
  18. Well as i stated above,*some* cant go to jail for personal reasons and as you said,cant even move either.though i dont see how someone cant move across state lines and *not* be able to see their kid unless they 1) have no transportation or 2) they have some written agreement that forces them to give up all rights if they leave the state.if its two,then she pretty much screwed herself.i guess this holds firm to the feeling of *unchanging* I wish her good luck none the less.

    Replied on Sunday, September 8, 2013 at 6:04pm
  19. Once again…Federal law trumps state laws…they can try and they would have a hell of a lawsuit on their hands. 60 percent of the population is sick of all of this and just wants to move forward…it is the 40 percent that cannot let things go and just accept that things have changed. Very similar to the race issue in the 60′s. Get over it people.

    Posted on Saturday, September 7, 2013 at 5:43pm
  20. DOMA has fallen and they kneed to accept it and move on. or go live in a plastic Bubble

    Replied on Saturday, September 7, 2013 at 6:57pm
  21. SADDLY not ALL of DOMA has been dumped....the WHOLE thing needs to be REPEALED just SECTION 3 was dealt with by the US SUPREME COURT.

    Replied on Saturday, September 7, 2013 at 8:02pm
  22. Are Muslims next? Then I suppose the Christians should be next because we all know those middle class white christian Americans are being persecuted, right?

    Replied on Sunday, September 8, 2013 at 7:09am
  23. ugh

    Posted on Saturday, September 7, 2013 at 5:43pm
  24. Wtf

    Posted on Saturday, September 7, 2013 at 5:44pm
  25. wow. just wow.

    Posted on Saturday, September 7, 2013 at 5:45pm
  26. WTF?

    Posted on Saturday, September 7, 2013 at 5:48pm
  27. Taking the piss? That’s like saying if you go to Amsterdam and smoke weed where it’s legal then when you return home to where its not legal you will go to jail?? Really wtf is wrong with this dam world?

    Posted on Saturday, September 7, 2013 at 5:49pm
  28. Or, gambling in Las Vegas and returning home with your winnings and having the state take them away!

    Replied on Saturday, September 7, 2013 at 6:39pm
  29. I don’t understand how they can be fined or put in jail just for marrying. That is the most ridiculous law I’ve ever heard of.

    Posted on Saturday, September 7, 2013 at 5:49pm
  30. the “W” in WTF stands for Wisconsin

    Posted on Saturday, September 7, 2013 at 5:49pm
  31. i hate my state

    Posted on Saturday, September 7, 2013 at 5:52pm
  32. i hate my governor

    Posted on Saturday, September 7, 2013 at 5:52pm
  33. wisconsin sucks

    Posted on Saturday, September 7, 2013 at 5:52pm
  34. then let’s get jailed. nothing like a good fight to stimulate the blood in the morning!

    Posted on Saturday, September 7, 2013 at 5:56pm
  35. According to the piece here, it was originally to dissuade people from marrying their relatives? Uhm, there were that many people trying to sneak off to marry their cousins? Wow. It’s time for arcane laws like this to be wiped off the books, but not before someone takes it to task and then sues to remind anti gay people everywhere that if you want to be a hate monger, you will answer for your hate crimes.

    Posted on Saturday, September 7, 2013 at 5:56pm
  36. Um. I think it’s time to enter the 21st century people.

    Posted on Saturday, September 7, 2013 at 5:58pm
  37. time to move then..

    Posted on Saturday, September 7, 2013 at 6:01pm
  38. More Bullshit!

    Posted on Saturday, September 7, 2013 at 6:01pm
  39. I’m officially banning their cheese in my house the suck

    Posted on Saturday, September 7, 2013 at 6:10pm
  40. Yeah, pretty sure that this law would be declared Unconstitutional… Not that enforcement wouldn’t cause some pretty severe troubles for those whom it’s applied to.

    Posted on Saturday, September 7, 2013 at 6:11pm
  41. What utter horseshit!

    Posted on Saturday, September 7, 2013 at 6:12pm
  42. @Judy N. Disguise,

    You nailed it on why the pilgrims came here! Sadly too many believe it was to force their religion on others!

    Posted on Saturday, September 7, 2013 at 6:14pm
  43. With all the drugs killers and drunks in the world this is what people go to jail for?

    Posted on Saturday, September 7, 2013 at 6:14pm
  44. In WI they would rather you be a drunk than gay..sounds Unconstitutional to me also….

    Posted on Saturday, September 7, 2013 at 6:21pm
  45. I am not sure if Wisconsin knows this… but, you have an openly lesbian senator (Tammy Baldwin) and DOMA ended a couple of months ago! Unlike marijuana laws broken federally in Colorado and Washington the fed’s WILL come after your state for not following the repeal of DOMA. Get over yourselves Wisconsinites!

    Posted on Saturday, September 7, 2013 at 6:34pm
  46. only section 3 was found to be unconstitutional....HOWEVER the WHOLE law of DOMA needs to be REPEALED and MARRIAGE EQAULITY, needs to be MADE NATIONAL LAW.....giving states NO CHOICE in the matter.

    Replied on Saturday, September 7, 2013 at 8:11pm
  47. Just stupid. How would they ever enforce this law? Never any interest in WI, so this helps none. Second thought, I say all of married homo’s move to Madison or Lansing and do it up right. Elect a bunch of homo’s, then move back where we want. Who’s in?

    Posted on Saturday, September 7, 2013 at 6:37pm
  48. just so i'm understanding you here.....which, Lansing are you talking about?.....because the 1 in Michigan....you can FORGET about it at the moment. :P

    Replied on Saturday, September 7, 2013 at 8:07pm
  49. see, thats when you dont tell the damn state or wherever you live that you did that.

    Posted on Saturday, September 7, 2013 at 6:47pm
  50. Ahhh yes conservatives and their power and control have been threatened so their insecurity and victim complex disorder takes over and need to punish those who challenge them. Typical haters

    Posted on Saturday, September 7, 2013 at 6:48pm
  51. thats sick stop prosicuting gays

    Posted on Saturday, September 7, 2013 at 6:49pm
  52. I doubt this law could stand up to heightened scrutiny. The state supreme court would kill it in a minute if they tried to enforce it.

    Posted on Saturday, September 7, 2013 at 6:49pm
  53. Dumb as hell…worry about shit that matters

    Posted on Saturday, September 7, 2013 at 6:49pm
  54. Being a bit silly are we. Give me a break is this a free country or Not???

    Posted on Saturday, September 7, 2013 at 6:56pm
  55. Those paranoid, religious homophobes just need to come out of the closet and be proud!!! Bunch of closet flamers!!! You know they want to!!!

    Posted on Saturday, September 7, 2013 at 6:57pm
  56. I don’t think it would be legal but could be a real hassle until it’s all sorted out

    Posted on Saturday, September 7, 2013 at 7:05pm
  57. Is this a joke? I m from Canada.

    Posted on Saturday, September 7, 2013 at 7:07pm
  58. WTF!

    Posted on Saturday, September 7, 2013 at 7:24pm
  59. Can’t wait to leave this crummy, lame state.

    Posted on Saturday, September 7, 2013 at 7:33pm
  60. Marriage is Love and they should not go to Jail because they got married!!

    Posted on Saturday, September 7, 2013 at 7:35pm
  61. I thought TX was bad.

    Posted on Saturday, September 7, 2013 at 7:49pm
  62. THIS WREAKS OF SOMETHING THAT WONT PASS SUPPREME COURT MUSTER AT ALL I SMELL SUIT

    Posted on Saturday, September 7, 2013 at 7:51pm
  63. Is Wisconsin in Russia?

    Posted on Saturday, September 7, 2013 at 7:57pm
  64. ohhhhhhh for the LOVE OF GOD…..give me a break….it’s time for them to get with the PROGRAM and come into THIS CENTURY.

    Posted on Saturday, September 7, 2013 at 8:01pm
  65. OMG!

    Posted on Saturday, September 7, 2013 at 8:07pm
  66. Wisconsin needs to get RID OF REPUBLICAN REPRESENTATIVES. That would solve their problem.

    Posted on Saturday, September 7, 2013 at 8:18pm
  67. Republicans aren't the problem. Conservative religions, like the Wisconsin Evangelical Lutheran Synod (WELS) are the problem. There are ~300,000 adherents to that faith alone. Look it up sometime.

    Replied on Sunday, September 8, 2013 at 6:49am
  68. I have looked it up. THEY ARE ALL REPUBLICANS...

    Replied on Sunday, September 8, 2013 at 6:52am
  69. Morgan: I have looked it up. They are ALL REPUBLICANS. You must be a Republican if this offends you....

    Replied on Sunday, September 8, 2013 at 7:06am
  70. Jack, I am a liberal, and your comment offends me. By discriminating against all Republicans, you are stooping to the same level as the Republicans who ARE enforcing this, which isn't fair to those who aren't. Morgan is correct - it is the radicals who are the problem.

    Replied on Monday, September 9, 2013 at 12:47am
  71. I’m so ashamed to live there.

    Posted on Saturday, September 7, 2013 at 8:36pm
  72. Sounds like the same type of law that forced the
    Loving v. Virginia case.

    Posted on Saturday, September 7, 2013 at 8:44pm
  73. why oh why cant they leave them alone , live and let live I say ,

    Posted on Saturday, September 7, 2013 at 8:50pm
  74. What?!?!?!?!? This is absurd!!!! This has totally crushed me now…..

    Posted on Saturday, September 7, 2013 at 8:58pm
  75. This exposes the perfidy of conservatism and the GOP. Lovers of big police-state government and the ability to control people’s private lives in order to enforce cracen conservative “morality”. Pity the poor cop or cops who would dare try and arrest me and my partner for being married in another state. Those cops would not live to tell the tale.

    Posted on Saturday, September 7, 2013 at 8:59pm
  76. Lets raise hell!

    Posted on Saturday, September 7, 2013 at 9:16pm
  77. really?

    Posted on Saturday, September 7, 2013 at 9:19pm
  78. Once again a stupid state law is going to have to be challenged to be overthrown. A waste of time and money.

    Posted on Saturday, September 7, 2013 at 9:51pm
  79. HaHa Gwendolyn, I tweeted the same thing on this article on Twitter. A middle aged never married living with another middle aged never married woman in a house they bought together, and she heads up the anti gay everything faction… Talk about stewing in your own closeted homophobic soup! I bet they’re kissing cousins! Or “christian” sisters! Even when I came out a lifetime ago under those social clouds of the late 70′s, I can’t imagine the self-loathing they deliberately take on to stay closeted by supporting antigay legislation. JEEZ!! They bought a house together, I mean, the old saying comes to mind here…what does a lesbian take on a second date? A UHaul trailer!

    Posted on Saturday, September 7, 2013 at 10:04pm
  80. Woman… I omitted woman

    Posted on Saturday, September 7, 2013 at 10:04pm
  81. How can one state prosecute for what happens in another state? Isn’t that constitutionally fucked?

    Posted on Saturday, September 7, 2013 at 10:32pm
  82. so wrong

    Posted on Saturday, September 7, 2013 at 10:51pm
  83. Bull shit!!!

    Posted on Saturday, September 7, 2013 at 11:06pm
  84. so, instead of focusing on Russia’s anti gay laws, let’s look at our own back yard

    Posted on Saturday, September 7, 2013 at 11:14pm
  85. Are you sserious? I would go ape shit crazy on those who arrested me.

    Posted on Saturday, September 7, 2013 at 11:24pm
  86. 9 months in jail… and 10,000 dollars poorer… so basically they got married because one of them got knocked up? xD

    Posted on Saturday, September 7, 2013 at 11:30pm
  87. Let’s see how that works out for the cheese head State!

    Posted on Sunday, September 8, 2013 at 12:58am
  88. The WI law is unconstitutional.

    Posted on Sunday, September 8, 2013 at 1:23am
  89. this is why i hate Wisconsin even know i live there

    Posted on Sunday, September 8, 2013 at 1:53am
  90. This is just so wrong!

    Posted on Sunday, September 8, 2013 at 1:55am
  91. Outdated laws need to be officially repealed

    Posted on Sunday, September 8, 2013 at 3:06am
  92. kiss that law goodbye

    Posted on Sunday, September 8, 2013 at 3:17am
  93. wis. thinks the constitution doesn’t apply to it

    Posted on Sunday, September 8, 2013 at 4:35am
  94. WTF? Isn’t that unconstitutional?

    Posted on Sunday, September 8, 2013 at 4:58am
  95. FUCK WISCONSIN…AND TEXAS…AND ARIZONA….

    Posted on Sunday, September 8, 2013 at 5:07am
  96. With shit like this in this Country, its no wonder if it will ever Move Forward and what is the work “Grow UP” how fucking sad…

    Posted on Sunday, September 8, 2013 at 5:24am
  97. WTF!!??

    Posted on Sunday, September 8, 2013 at 5:25am
  98. It’ll take a lawsuit by someone aggrieved… that is, someone will have to actually be prosecuted and actually get a sentence for it in order to challenge this.

    Only an idiot or a DA in Waukesha County (but I repeat myself) would do something this stupid (prosecute a same-sex marriage outside of Wisconsin).

    Posted on Sunday, September 8, 2013 at 5:53am
  99. What happens on December the 7th, we’re getting married. Nothing they can say after it is going to affect me! I’m tired of living behind the walls of homophobia! It’s time for everyone to wake up & smell the coffee!

    Posted on Sunday, September 8, 2013 at 8:15am
  100. what. the fuck.

    Posted on Sunday, September 8, 2013 at 9:12am
  101. yet, they let so many criminals run free….seems legit.

    Posted on Sunday, September 8, 2013 at 9:32am
  102. I don’t believe this will hold up under the strict scrutiny rules with respect to the Constitution.

    Posted on Sunday, September 8, 2013 at 9:53am
  103. this is bs when ya marry some one nomater where in the US ya dont go to jail but if ya live in WI only if your gay but what if your str8 do ya get a $10,000.00 no dont think so.so why the hell should it matter?

    Posted on Sunday, September 8, 2013 at 10:23am
  104. NOT AMERICAN!!!

    Posted on Sunday, September 8, 2013 at 10:59am
  105. WTF?? Is the USA really still this closed minded… What’s next there going to switch all there laws to Anti gay laws…. This is why I’m glad I’m Canadian…

    Posted on Sunday, September 8, 2013 at 11:27am
  106. For real ??? Wisconsin (and all other intolerant people) Get a grip!!!

    Posted on Sunday, September 8, 2013 at 12:43pm
  107. Should we boycott Wisconsin cheese?

    Posted on Sunday, September 8, 2013 at 12:44pm
  108. This isn’t going to hold water. It will fail on first appeal.

    Posted on Sunday, September 8, 2013 at 2:28pm
  109. Can we say communism in Wisconsin? No better than Russia.

    Posted on Sunday, September 8, 2013 at 3:34pm
  110. don’t let that stop you. they can’t do shit.

    Posted on Sunday, September 8, 2013 at 4:33pm
  111. My girlfriend lives in Wisconsin, and I assure you, this topic has come up. I live in Ohio, where it’s not much better; our Governor recently tried to void a marriage between two men as one of them was dying, to prevent them from being buried together. Luckily, two federal judges, on two different occasions, intervened, allowing the men to be recorded as married on the deceased one’s death certificate.

    Posted on Sunday, September 8, 2013 at 5:35pm
  112. This is crazy. This law needs to be changed.

    Posted on Sunday, September 8, 2013 at 6:45pm
  113. WTF, My family will marry, date or do whatever with whoever. GOVERNMENT GET THE HELL OUT OF OUR BEDROOMS, YOU PERVERTED BUNCH OF HYPERCRITICAL ASSHOLES. when your perfect please advise the rest of the reasonable society who already know Gay people should have the same rights as you idiots who make our laws.

    Posted on Sunday, September 8, 2013 at 9:43pm
  114. And to add to my previous comment… To go against this and say gay people aren’t equal, well, that goes against our constitution and everything our forefathers believed. There are gay people of huge and great importance throughout history of the world. I refuse to believe and accept that people should be scrutinized for what they are and accept. If that is so, we should scrutinize all else whom say these unforgiving comments and officiate these rules on the SHIT they do for what we think is wrong and frowned upon! ALL ARE CREATED EQUAL! If you got a problem with that, take it up with the Constitution of the United States…Good Luck!!!!

    Posted on Sunday, September 8, 2013 at 9:55pm
  115. That’s just ridiculous! WTF??

    Posted on Sunday, September 8, 2013 at 11:35pm
  116. this wreaks of loving v virginia and wont cut muster of the united states contstitutions 14th amendments due process clause gays will be federally protected on that amendment entirely as a result

    Posted on Monday, September 9, 2013 at 2:04pm
  117. WHAT?

    Posted on Monday, September 9, 2013 at 2:06pm
  118. It is both shocking and a disgrace at the lengths that some bigots will go to discriminate against others. These haters need to keep their hate to themselves and let everyone live their lives in peace.

    Posted on Monday, September 9, 2013 at 2:07pm
  119. totally bull why is our country so full of hate !

    Posted on Monday, September 9, 2013 at 2:08pm
  120. Ah, yes, the legalist response. Except that time after time after time lately, due process has been violated and laws have been broken with impunity.

    Posted on Monday, September 9, 2013 at 2:08pm
  121. Total Bull shit is this a free country or not?????

    Posted on Monday, September 9, 2013 at 2:11pm
  122. No, it's not. It's a military police state with no jobs, a bunch of rich slave owners, and laws restricting everything.

    Replied on Monday, September 9, 2013 at 8:05pm
  123. Slave owners?

    Replied on Monday, September 9, 2013 at 9:56pm
  124. ^ The rich/ politicians/religious leaders

    Replied on Monday, September 9, 2013 at 11:48pm
  125. I doubt this is true.

    Posted on Monday, September 9, 2013 at 2:13pm
  126. I have lived in Wisconsin my whole life and never once heard of someone being jailed for this.

    Replied on Tuesday, September 10, 2013 at 12:07am
  127. oh how friggin’ ridiculous!

    Posted on Monday, September 9, 2013 at 2:17pm
  128. Unreal and unconstitutional. Sue them!

    Posted on Monday, September 9, 2013 at 2:21pm
  129. If they put a third of the time, money and energy they use for discrimination into something else, we could eliminate poverty, hunger and green house gasses in one fell swoop.

    Posted on Monday, September 9, 2013 at 2:23pm
  130. how effing bizaare

    Posted on Monday, September 9, 2013 at 2:27pm
  131. It is a true law, and also it states that you can marry your second or third cousin.

    Posted on Monday, September 9, 2013 at 2:29pm
  132. I hope they jail every one of them. Do you know what sort of message this would send to the American people about their laws against us? This would go to the Supreme Court for sure and possibly have the same result as Loving vs. Virginia!

    Posted on Monday, September 9, 2013 at 2:36pm
  133. Yeah, because slave owners from the south could have been arrested if they traveled to a free state???
    Like everything else conservatives do, this stinks of solipsism.

    Posted on Monday, September 9, 2013 at 2:36pm
  134. glad to see that liberty and justice for ALL is “alive and well”

    Posted on Monday, September 9, 2013 at 2:47pm
  135. fascism has rooted in our nation— we must vote ALL the bully dictators OUT

    Posted on Monday, September 9, 2013 at 2:50pm
  136. What an antiquated law that needs to go!

    Posted on Monday, September 9, 2013 at 2:57pm
  137. Tax dollars being wasted!

    Posted on Monday, September 9, 2013 at 3:01pm
  138. what a dumb law

    Posted on Monday, September 9, 2013 at 3:02pm
  139. Let ‘em try it.

    Posted on Monday, September 9, 2013 at 3:24pm
  140. state of WI is fucked up, along with the governor

    Posted on Monday, September 9, 2013 at 3:43pm
  141. I’d love to see them try.

    Posted on Monday, September 9, 2013 at 4:00pm
  142. say what?

    Posted on Monday, September 9, 2013 at 4:11pm
  143. Dominique Taylor, Bryce Smith, Cherie Spencer

    Posted on Monday, September 9, 2013 at 4:14pm
  144. While this law may be true, it would never be enforced. That little weasel you have for a governor, Scott Walker, and his A.G., both know it would mean political suicide. They are already hated by the masses. This would be a tipping point. Besides, Walker has aspirations for the White House. He wouldn’t want this on his coattails when he ran for president.

    Posted on Monday, September 9, 2013 at 4:31pm
  145. Go ahead, Gov. Walker. Arrest me. I dare you. It will be the last thing you or the cop who tries it will ever do.

    Posted on Monday, September 9, 2013 at 4:48pm
  146. Kind of like Romney pulling out a racist law to bar gay marriage with a law that said biracial couples wouldn’t have their marriage from out of state be recognized..

    Posted on Monday, September 9, 2013 at 4:49pm
  147. That’s a stupid state law, even for the straight! Wow…. Smdh!

    Posted on Monday, September 9, 2013 at 4:51pm
  148. That is a crazy.

    Posted on Monday, September 9, 2013 at 5:53pm
  149. wtf! this is so wrong!

    Posted on Monday, September 9, 2013 at 6:22pm
  150. preposterous

    Posted on Monday, September 9, 2013 at 6:25pm
  151. Jailed for being married elsewhere? What an awful thing to do!

    Posted on Monday, September 9, 2013 at 6:36pm
  152. There’s NO WAY that can hold up in court. Ridiculous!

    Posted on Monday, September 9, 2013 at 6:39pm
  153. That’s complete and utter bullshit!!

    Posted on Monday, September 9, 2013 at 6:41pm
  154. Fuck you, Wisconsin. Again.

    Posted on Monday, September 9, 2013 at 6:49pm
  155. Someone spent a very long time looking for that law, because Walker is opposed to ALL rights for ALL people,and will take them away any way he can…

    Posted on Monday, September 9, 2013 at 8:11pm
  156. Wisconsin sucks and you know what, if I had to go to jail because of loving and marring my partner I would do it. I’m not going to let something like this stop me from loving another human being. looks like Wisconsin is no different from Russia.

    Posted on Monday, September 9, 2013 at 8:16pm
  157. If this is true than that state needs a gooooood spanking on the ass.

    Posted on Monday, September 9, 2013 at 8:30pm
  158. this is just WRONG in this century.

    Posted on Monday, September 9, 2013 at 8:43pm
  159. Welcome to the real amurika

    Posted on Monday, September 9, 2013 at 9:12pm
  160. Land of the free?

    Posted on Monday, September 9, 2013 at 9:31pm
  161. This is beyond ridiculous.

    Posted on Monday, September 9, 2013 at 9:56pm
  162. Let them try! Oh…Supreme Court!

    Posted on Monday, September 9, 2013 at 10:10pm
  163. …wtf. Humanity keeps losing my faith in it more everyday. -_-

    Posted on Monday, September 9, 2013 at 10:19pm
  164. I’m not going to be anyone’s prisoner not even the government. They can’t tell me who to love, this is a law I will not follow. Screw it.

    Posted on Monday, September 9, 2013 at 10:48pm
  165. That’s sad =( I hate ignorance

    Posted on Monday, September 9, 2013 at 11:48pm
  166. then if that is the case ANY couple that gets married out of Wis. then come home to live should face the same charges….
    How frickin dumb is this…
    Why to should your stupidy Wis. lawmakers.

    Posted on Tuesday, September 10, 2013 at 12:18am
  167. well then…that’s going to be challenged and make marriage legal in WI in no time

    Posted on Tuesday, September 10, 2013 at 12:53am
  168. Such bullshit! That’s a clear violation of the 14th Amendment’s Equal Protection clause.

    Posted on Tuesday, September 10, 2013 at 2:14am
  169. Congratulations handsome dudes <3

    Posted on Tuesday, September 10, 2013 at 2:22am
  170. Fuck Wisconsin, Just come to MN, we have marriage equality, no Scott Walker, and a higher standard of living than our eastern neighbor.

    Posted on Tuesday, September 10, 2013 at 3:10am
  171. Unreal!

    Posted on Tuesday, September 10, 2013 at 3:10am
  172. I can´t believe it!

    Posted on Tuesday, September 10, 2013 at 3:11am
  173. Thank God I live in IL. Walker is an idiot and a scumbag! What a stupid idiot he is.

    Posted on Tuesday, September 10, 2013 at 4:09am
  174. What country is this? Come on Wisconsin, what is your problem? Madison where are you when you are needed?

    Posted on Tuesday, September 10, 2013 at 5:14am
  175. I guess it’s time to leave the bigots of Wisconsin behind isn’t it?

    Posted on Tuesday, September 10, 2013 at 5:37am
  176. Welcome to Nazi Germany. >.<

    Posted on Tuesday, September 10, 2013 at 6:03am
  177. lunacy!

    Posted on Tuesday, September 10, 2013 at 9:30am
  178. I’m originally from Wi.. & am ashamed by my home state!

    Posted on Tuesday, September 10, 2013 at 10:58am
  179. The state making money of marriage in other states.

    Posted on Tuesday, September 10, 2013 at 12:54pm
  180. BULL SHIT !!!!!!!!!!!!!

    Posted on Tuesday, September 10, 2013 at 1:23pm
  181. Don’t Tread on US!

    Posted on Tuesday, September 10, 2013 at 1:56pm
  182. thats sad.

    Posted on Tuesday, September 10, 2013 at 2:04pm