Milwaukee County Clerk Joe Czarnezki announced Friday that he will immediately begin issuing domestic partnership declarations to opposite-sex couples.
"I have had a number of opposite sex couples ask to apply for a domestic partnership. I feel that these couples should be treated equally under the law and my legal counsel agrees," Czarnezki says.
Czarnezki added that Dane County Clerk Scott McDonell will also be joining him in the effort.
But, Wisconsin Family Action's Executive Director opposes domestic partnership altogether and feels this initiative is illegal.
"That is appalling to me," said Julaine Appling.
Appling says the choice by the county clerks goes against state statute.
The Wisconsin domestic partnership statute has five requirements for domestic partnership. The fifth requirement states that, "the individuals are members of the same sex."
That's where Appling, who has asked the state legislature to eliminate domestic partnership, takes issue.
Couples who enter into a domestic partnership are given certain benefits, such as qualifying for a partner's health insurance coverage, assigning to a surviving partner interest in their home, and qualifying for family leave to care for a domestic partner, the county says.
Appling calls it "marriage light."
But, Czarnezki stands by his position, acknowledging it may be challenged.
"Given the federal court ruling that gender can no longer be the basis of discrimination for marriage, it stands to reason that gender should no longer be an issue when issuing domestic partnership declarations," he explained.
The decision comes after the Milwaukee County Corporation Counsel ruled on the subject. Czarnezki says it also follows naturally from federal court rulings on the same subject.
