Although the ""gay marriage ban"" hindered plans to authorize civil unions and offer health benefits to the domestic partners of UW-Madison employees, same-sex couples can file for legal protections to create a status similar to that of a married couple.
""There are things that people can do to govern their relationships apart from a formal marriage or civil union,"" said Madison lawyer Richard B. Jacobson, who has worked with same-sex couples seeking ways around the state's gay marriage ban.
Under current state law, homosexual couples cannot jointly adopt a child, even if one half of the couple is the child's biological parent. In contrast, heterosexual couples have ""joint parental recognition,"" said Josh Freker, communications director for the Madison-based Fair Wisconsin.
However, Freker said same-sex couples have the option to file a ""guardianship"" document to ensure that both members are recognized as parents by the state.
But children are not the only concern of Wisconsin's same-sex marriage. Death is also a concern for gay couples.
""In some cases the partner is gravely ill and the person closest to him or her in life is kicked out of the picture,"" Jacobson said. In such a case, same-sex couples can file for ""durable power of attorney,"" which enables a partner to act on behalf of the other.
Still, protections come at a price. Freker said gay couples often hire lawyers for thousands of dollars to obtain the same status straight couples get by purchasing a $50 marriage certificate.
According to Jacobson, the language in these documents must be very precise to avoid future challenges.
""It's a good idea to have a lawyer who knows how to draft up non-traditional documents,"" Jacobson said.
George Twigg, spokesperson for Mayor Dave Cieslewicz, said nobody has challenged the legal protections that Jacobson has been working to establish.
""Nothing has changed as far as we're concerned and we're sort of guessing as to the legal status of all these things right now,"" Twigg said.
The City of Madison continues to provide health care benefits to the domestic partners of municipal employees. According to Twigg, the city has only received e-mailed complaints about the city's health care status. No formal complaints have been issued.
""The ban sort of banned something that was banned already,"" Twigg said.
