Testimony to Oppose 2005 Civil Union Ban
TESTIMONY OF KELDA HELEN ROYS
on behalf of NARAL Pro-Choice Wisconsin
OPPOSING SJR 53/AJR 67, CONSTITUTIONAL BAN ON CIVIL UNIONS & MARRIAGE
To: Wisconsin State Senate & Assembly Judiciary Committees
From: Kelda Helen Roys, Executive Director of NARAL Pro-Choice Wisconsin
Re: Opposition to 2005 SJR 53/AJR 67
Date: November 29, 2005
Good morning. On behalf of our over 25,000 statewide members, I thank the committees for the opportunity to testify against the constitutional ban on civil unions and marriage.
NARAL Pro-Choice Wisconsin believes in a culture of freedom and personal responsibility. We believe that all families should have access to health care, equal legal protections, and privacy in their personal affairs. Those are not just pro-choice values, they are Wisconsin values. They are American values.
We strongly oppose this proposed amendment to the Wisconsin Constitution. It is unnecessary, it goes too far, and it hurts real Wisconsin families, especially children.
The proposed amendment to the Wisconsin Constitution does not just ban gay marriage, which is illegal in Wisconsin, but goes much further by eliminating any benefit substantially similar to marriage for all unmarried couples, straight or gay. This includes health insurance, family visitation rights, retirement benefits, and domestic violence intervention, and over a thousand legal protections for families.
As a health care advocacy organization, we are particularly concerned about the impact this amendment could have on the ability of families and children to access health care services. Currently, many private and public employers have determined that offering such benefits to employees and their families is critical to attracting good workers. It is not just same-sex couples that value equal benefits for domestic partners and spouses, but many fair-minded straight employees as well.
Many Wisconsinite would not work for a company that refused to provide equitable benefits for same-sex families. Among the top graduates of my law school class, this was a key factor in selecting among law firms. Wisconsin companies – and Fortune 500 companies– know that such benefits are necessary to retain their competitive edge and a talented workforce.
Unfortunately, this ban could take away the abilities of companies to be economically competitive – it could hamper the ability of corporations and municipalities to make business decisions that they feel are necessary. Passing this ban could deter workers and companies from coming to or staying in Wisconsin. More drastically, as in other states, it could eliminate health care coverage and other benefits from thousands of families statewide.
By prohibiting any benefits substantially similar to marriage, the amendment rolls the dice for thousands of Wisconsin workers and children who currently receive health care and other protections. Same-sex families already struggle and must incur extra expense to ensure a minimum level of protection for their partners and children. This ban could eliminate their ability to create legal arrangements to protect their family from health care costs, death or illness, separation, and other life-changing events.
Similar bans in other states have resulted in dismissing domestic violence charges against abusers who aren't legally married to their victims, loss of health insurance, and elimination of employment benefits, among other adverse consequences.
Eliminating domestic partnership benefits for all unmarried couples and their families defies common sense. We should be working to reduce the number of uninsured and economically vulnerable in our state.
In ten years, this amendment will be even more widely seen for the unfair and destructive force it is. Already, Wisconsinites want families to have equal legal rights and responsibilities. Statewide polls show that sixty percent support civil unions or marriage for gay couples.
The Boards of Directors of NARAL Pro-Choice Wisconsin and Foundation understand how this assault on privacy and equality relates to those aimed at reproductive health care access. They unanimously passed resolutions opposing this ban:
"Whereas the attempt to amend the Wisconsin Constitution to ban same-sex marriage and partnerships is a clear violation of the fundamental American right to privacy, and whereas NARAL Pro-Choice Wisconsin (Foundation) opposes this attempt to limit the right of individuals to make personal, private decisions without government interference or discrimination, and whereas the U.S. Constitution protects individuals' decisions about marriage, procreation, contraception and family relationships, be it resolved that the Board of NARAL Pro-Choice Wisconsin (Foundation) resolves to stand proudly side by side with our colleagues in the gay, lesbian, bisexual, and transgender community to oppose this outrageous proposal."
As a public lawmaking body, I ask you to work to improve protection for Wisconsin families, not dismantle it. Increase equality for children and workers – do not eliminate it. Foster economic development – do not suffocate it.
Wisconsin families deserve to be healthy and successful. Government will never enable that success by invading personal privacy, discriminating against some citizens and their children, and removing critical legal rights and responsibilities from certain groups. This legislature can, and should, help every family and our state: by fostering equality, economic opportunity, and affordable health care.
We respectfully urge the committees to oppose this attempt to amend the Wisconsin Constitution to ban civil unions and marriage. Thank you.
Contact: Kelda Helen Roys, kelda@prochoicewisconsin.org, (608) 213-4502
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