The New Jersey Supreme Court ruled on Wednesday that same-sex couples are entitled to the same rights as heterosexual couples in the state. As Wisconsin's Nov. 7 vote on same-sex marriage draws near, many wonder what the future holds for gay rights after the election.
The question for many Wisconsin voters is what could occur if the amendment fails to pass. If the ban is defeated, Darryn Beckstrom, campus coordinator for the Family Research Institute of Wisconsin, said she feels that the law would be left in a grey area.
""If the amendment fails, the definition of marriage is at the mercy of the courts,"" she said. ""The courts in Wisconsin could interpret the ruling like what happened in New Jersey.""
State Rep. Mark Gundrum, R-New Berlin, claims the New Jersey ruling could soon make its way to Wisconsin. ""The very same thing has already been set in motion here in Wisconsin,"" he said in a statement. ""A lawsuit by the ACLU has already been filed seeking to liberally interpret the Wisconsin Constitution to require that same-sex couples be treated the same as married couples.""
Fair Wisconsin, however, said it does not believe a group will try to bring a case like New Jersey's to Wisconsin Supreme Court. Rachel Strauch-Nelson, spokesperson for Fair Wisconsin, said the group itself certainly is not looking that far ahead.
""Fair Wisconsin exists solely for the purpose of defeating this amendment,"" she said.
Even if the ban on civil unions amendment is defeated, Fair Wisconsin said the state is unlikely to see the same kind of change as New Jersey.
""Gay marriage is currently illegal in Wisconsin and even if the amendment is defeated, when we wake up on November 8, gay marriage will still be illegal,"" said Strauch-Nelson. ""It's a much different debate in Wisconsin than in New Jersey. We're talking about voting on an amendment that, if passed, would take away critical rights and benefits from thousands of people living in Wisconsin.""
Regardless of how Wisconsin votes, the New Jersey ruling may be signaling a change in the nation's view of gay rights and marriage, especially among new voters.
""It's really the younger student-aged cohort that are much more tolerant of two people, regardless of gender, living in a committed relationship together."" said UW-Madison political science professor Dennis Dresang. ""They're likely to say, ‘why should I care, it's not having any impact on me.' That age cohort is much more likely to want to maintain a separation between church and state.""