WI Court Denigrates Marriage--Implications

As Sykes observed today, Wisconsin's 2nd Circuit Court of Appeals is re-writing Wisconsin statutes. This time, somebody named Brown determined that in HIS reading, marriage between husband and wife is "not privileged."

Brown is, to put it politely, nuts--and an arrogant Black-Robed Imperialista, to boot.

A state law that calls marriage "the foundation of the family and of society" does not elevate marriage over other relationships, an appeals court said Wednesday.

"We do not read the Legislature's recognition that marriage is an important and vital societal institution worthy of preservation and protection as a policy judgment that other intimate relationships are of lesser value or legitimacy," Judge Richard Brown wrote for the 2nd District Court of Appeals. "It does not attempt to privilege marriage over other intimate relationships."

We can hear Screechin'Shirley applauding vigorously in the background; not only because Brown fits her mold as a "reformer" (see GKC quote below) but because the decision, which will be affirmed by the Wisconsin Supremes, comports precisely with her weltanschuung.

Unfortunately, the decision also contradicts, directly, the plain English of the statute:

Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. ...Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support. 765.001(2)

The implications are clear; Brown, a Judge-Imperial, is laying the groundwork for the demolition of the Legislature's clear intent regarding marriage. That means that homosex "marriage" will be made licit by some other Wisconsin court.

The Amendment was written with this eventuality in mind. It is obvious that the Wisconsin judiciary (like that of Massachusetts) will rule in any way they see fit. Only a Constitutional amendment will restrain them.

And that's only at the State level.