The question now is whether a governor ought to defend a law that defies the constitution. “If the governor determines that defending a law would be contrary to the state’s constitution, he cannot order the defense of the law because of his oath to support the Wisconsin Constitution,” Walker’s attorney told the court.
It’s no different than if a past legislature installed a law to set up a state church, for instance, or segregate schools. A governor ought not and cannot defend such stuff. This is no different, since voters specifically, constitutionally banned what Doyle launched.
The only route left for defenders of redefining marriage is the sympathy play. One line, for instance, has it that Doyle’s law was all about letting gay couples visit each other in hospitals. Nonsense, of course: A medical power of attorney gives whomever you designate – offspring, friend or, yes, gay life-partner – not only the ability to visit you in the hospital but to make decisions on your behalf. It’s a normal part of making a will, which any couple of any sexual preference ought to have anyhow.
Doyle wasn’t aiming to let couples visit each other in hospitals. Who visits whom is a private matter, and there’s little evidence any Wisconsin hospital made it anything but. As with the drive for gay “marriage,” Doyle’s registry was all about public status – granting a special public recognition to a particular kind of unmarried couple so that everyone else in society would have to treat them in every important way as if they were married.
Voters already told the government not to make such demands on society. Doyle ignored them.
Walker, to his credit, is listening.
In 2006, Wisconsin joined the many states who protect marriage in their constitutions after an ugly battle in which the misleadingly-named gay smear group Fair Wisconsin set a new standard for leftist deception. Voters decisively stood for marriage anyway, in doing so forbidding the creation of any new unions “identical or substantially similar to” marriage under another name.
In 2009, state Democrats said “screw you” to the law and the democratic process by adding to the budget a same-sex domestic partner registry. Now, Republican Governor Scott Walker has nixed the state’s legal defense of the unconstitutional registry. Pat McIlheran talks sense on why Walker made the right call: