Is gay marriage legal in wisconsin

Marriage Equality Around the World

The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the earth. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of people, national and regional advocates and give tools, resources, and lessons learned to empower movements for marriage equality.

Current State of Marriage Equality

There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the Together Kingdom, the Merged States of America and Uruguay. 

These countries have legalized marriage equality through both legislation and court decisions. 

Countries that Legalized Marriage Equality in 2025

Liechtenstein: On May 16, 2024, Liechtenstein's government passed a bill in favor of marriage equality. The law went into effe

On June 26, 2015, the United States Supreme Court dictated that the Merged States Constitution guarantees a right to same sex marriage. All states are now required to license a marriage between two people of the equal sex and to recognize a marriage between two people of the identical sex when their marriage was lawfully licensed and performed out-of-state. Now, two consenting adults can be legally married in the declare of Wisconsin, and can expect that Wisconsin, and all states, will acknowledge that marriage as legal.

It also follows that, any married couple should predict the same legal process of divorce in Wisconsin. However, how these laws apply to equal sex marriages remains unsettled. For example, one glaring issue is determining the length of the marriage for purposes of maintenance, or alimony. Maintenance is linked to the length of marriage, so how will the courts decide when the marriage started? Will the court use the date of the couple’s actual marriage, or the go out in which Wisconsin recognized the legality of their marriage?  It also remains unsettled as to whether children born to same sex married couples will be ‘presumed’ by the State of Wisconsin to be children of

LGBTQ

On June 26, 2013, the U.S. Supreme Court struck down the part of the Defense of Marriage Act (DOMA) that defined marriage as a union between a man and a woman. Aside from the obvious victory for the notion of equality, the DOMA ruling has a huge practical effect: Gay couples who were legally married in any state will be established as married for purposes of federal benefits and tax provisions, no matter where they live now.

Same-sex couples now qualify for at least the following:

  • Social Security benefits (spousal survivor’s benefit, spousal retirement advantage, lump-sum death benefit)
  • The ability to file joint federal income tax returns, thus receiving the various deductions and credits available to married couples
  • Estate tax benefits (surviving spouse does not have to pay taxes on inheritance, unless it is over $5 million)
  • Spouses of federal employees can receive health insurance, and receive payments from a deceased federal employee’s retirement accounts

If you are a same-sex couple, married or unmarried, and you hold a legal issue that needs resolution, you can feel comfortable reaching out to Schmidt & Schmidt S.C. We are in your corner. W

Gay marriage halted in Wisconsin

One week after finding that Wisconsin’s bar on same-sex nuptials violated the U.S. Constitution, a federal assess has temporarily halted any more gay and lesbian couples from marrying in the Badger State.

On Friday, U.S. District Judge Barbara Crabb -- a President Jimmy Carter appointee -- put a hold on her earlier judgment, which cleared the way for more than 500 same-sex marriages to take place across 60 of the state’s 72 counties, the Associated Press reported. Crabb’s ruling marked a victory for Wisconsin Attorney General J.B. Van Hollen, a Republican, who requested that the ban be honored while his office appeals her ruling.

"After seeing the expressions of joy on the faces of so many newly wedded couples featured in media reports, I find it difficult to impose a stay on the event that is responsible for eliciting that emotion, even if the stay is only temporary," Crabb said in her order. "Same-sex couples have waited many years to receive equal treatment under the law, so it is understandable that they do not want to wait any longer. However, a federal district court is required to follow the guidance provided by the Supreme Court."

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