Yesterday, Governor Jim Doyle signed into law basic legal protections for same-sex couples, as part of the 2009-11 biennial budget. This makes Wisconsin the first state in the Midwest to legislatively enact basic legal protections for same-sex couples.
“This is a historic development that will make a difference in the lives of thousands of gay and lesbian families across the state. No longer will committed, long-time partners be treated like legal strangers to each other,” said State Rep. Mark Pocan who, as co-chair of the Joint Finance Committee, was instrumental in crafting and passing the domestic partnership provisions in the state budget. “While this is just one step of many on the way to true equality in Wisconsin, this is a historic moment we should celebrate. I thank all of the legislators who voted for the budget and the Governor for supporting basic fairness for LGBT families.”
Starting Monday, August 3, committed same-sex couples will be able to sign a declaration of domestic partnership at county clerk offices and have the security of over 40 limited, yet critical, legal protections. To qualify for the protections two individuals must be at least 18 years old, members of the same-sex, share a common residence, not be nearer of kin than second cousins, and not be married or in another domestic partnership.
Opponents of the measure claim that it violates the constitutional amendment banning marriage and any status that is “substantially similar” to marriage, despite saying in 2006 that the amendment would not prohibit domestic partnership. However, the nonpartisan Legislative Council found that the domestic partner law is not “substantially similar” to marriage.
“Our hope is that opponents of basic equality will allow LGBT families to live in peace with the security of these new protections. If you’ve shared your life with another person for 20 years, should you be able to take time off work if your partner suddenly learns she is dying of cancer? The vast majority of Wisconsinites would say yes. It’s the fair and decent thing to do,” said Rep. Pocan.
The domestic partnership protections include the following: • Family leave for sick or dying partner; • Hospital visitation; • Ability to admit incapacitated partner to nursing facility; • Ability to access partners medical records; • Death benefits for partners of police and firefighters killed in the line of duty; • Ability to file suit for wrongful death; • Crime victim compensation; • Crime victim notification; • Transfer real estate without paying fee; • Presumption of joint tenancy; • Immunity from testifying against a domestic partner; • Ability to inherit partner’s estate; • Rights related to power of attorney for property and finances; • Ability to consent to autopsy for deceased partner; • Ability to make anatomical donation in the event of partner’s death.
For a full summary of the domestic partnership protections, see the Legislative Fiscal Bureau paper: http://www.legis.wisconsin.gov/lfb/2009-11Budget/Budget%20Papers/391.pdf
My online journey begins in blogging, continuing the journey in my Web 2.0 experience. For better or worse, I now have my own webpage (courtesy of Live Office), a Facebook profile, a Facebook page for my business, a Twitter account, a LinkedIn profile, a Plaxo card with Plaxo Pulse detail, a Flickr account, IM profiles with Yahoo and Live Messenger, AIM and GTalk accounts, a Brightkite account, and a few more that I would have to look up to be complete. Truth be told, I will be glad to find the one “unifying dashboard” for all these accounts. Ping.fm comes close, allowing me to update my ‘online status’ in just a few fell swoops (since Ping.fm supports over 40 social networking sites and they are adding more all the time). The benefit of having WordPress will be that my LinkedIn profile can import the content. However, my Live Office webpage will require a bit more exploration to support the syndication.
I remember well the axiom that law school teaches you to ‘think like a lawyer,’ but did not necessarily ‘teach you to be a lawyer’ or ‘teach how to be a business owner who is a lawyer.’ The great buzz at legal conferences for solo lawyers and small firms is to ‘create and maintain your own blog’ to add to your online recognition and profile. I surely wonder when all of these Web 2.0 skills (blogging, profiling, status updating, advertising, meta-tagging, et al.) will become a necessary part of one’s legal education.
I benefit greatly from the fact that all of this techno-babble sparks my imagination and interest. I find it terribly exciting that my cell phone can access multiple services with a few button and screen pushes. We live in a connected world, and I look forward to finding myself more involved in this World Wide Web of social networking.
- Scott Mickelson
Originally hailing from the greater Milwaukee area, Attorney Scott E. Mickelson has been a Madison resident since 1992. He graduated with highest honors from the University of Wisconsin–La Crosse in 1992 and cum laude from the University of Wisconsin Law School in 1995. Since that time, he has been practicing law in Wisconsin with a mix of criminal defense, civil litigation, and general practice. After working for a number of years as an associate attorney with a small law firm, Scott Mickelson has been a solo practitioner with his own office in Madison, representing clients throughout the state and meeting their legal representation and advice needs. His work includes real estate transactions, small business work, estate and partnership planning for same-sex and opposite-sex couples, and special education law. He is a member of the planning team for the Business Alliance, Greater Madison’s LGBT Chamber of Commerce. From 1999 to 2009, Scott served as a member of the Board of Directors and as the Secretary for OutReach, Inc., Madison and south central Wisconsin’s LGBT community center. From a very early age, he took an interest in performing magic. His first shows, starting at age 8, were for public libraries, schools, and scouting groups. With his family as his magic troupe, including his grandmother (the self-described “oldest living magician’s assistant in captivity”) he continues to perform and entertain audiences of all ages throughout Wisconsin as Scott the Great and Company. (Yes, he has been using that stage name for over the past 30 years, since he was 8 years old.)