Posted on 05/18/2011 7:37:58 AM PDT by SeekAndFind
Madison - Gov. Scott Walker believes a new law that gives gay couples hospital visitation rights violates the state constitution and has asked a judge to allow the state to stop defending it.
Democrats who controlled the Legislature in 2009 changed the law so that same-sex couples could sign up for domestic partnership registries with county clerks to secure some - but not all - of the rights afforded married couples.
Wisconsin Family Action sued last year in Dane County circuit court, arguing that the registries violated a 2006 amendment to the state constitution that bans gay marriage and any arrangement that is substantially similar.
Republican Attorney General J.B. Van Hollen refused to defend the lawsuit, saying he agreed the new law violated the state constitution. Then-Gov. Jim Doyle, a Democrat, hired Madison attorney Lester Pines to defend the state.
Walker, a Republican, replaced Doyle in January and fired Pines in March. On Friday, Walker filed a motion to stop defending the case.
"Governor Walker, in deference to the legal opinion of the attorney general that the domestic partner registry...is unconstitutional, does not believe the public interest requires a continued defense of this law," says the brief, filed by Walker's chief counsel, Brian Hagedorn.
Hagedorn told Dane County Circuit Judge Daniel Moeser that if he could not withdraw from the case, he would like to amend earlier filings to reflect Walker's belief that the registries conflict with the state constitution.
Even if Walker is allowed to withdraw from the case, the law would still be defended in court because gay rights group Fair Wisconsin intervened in the case last year.
Fair Wisconsin attorney Christopher Clark said the governor's move raises legal questions.
"It's not clear to me that a defendant in a lawsuit... can simply walk away from a lawsuit or withdraw," he said.
Pines said Walker's aides never gave him an explanation when they told him to stop working on the case. He said he was troubled by the latest court filing.
"The governor of this state has an obligation to defend laws he doesn't like. And for that matter, so does the attorney general," Pines said. "This shows an utter disrespect for the rule of law."
Walker spokesman Cullen Werwie disagreed.
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I don't know why, but I suspect the law does a LOT more than that.
Just follow the presidents lead and don’t enforce any laws you disagree with~!
Let the lib media howl- turn their arguments back in their faces, because they wont be able to both condemn you for it and at the same time let Obama do it.
(well,... they can and will, but they will look even stupider)
now just wait a minnute! what hospital screens visitors like this? tell me the name of one hospital. give me some documents that show that any hospital denies people ths right to visit any friend or relative!
that is such a strawman argument that nobody ever challenges. I’ve been allowed in to visit anybody, and even consulted on medical matters for non-related persons.
find another reason, don’t pee on my leg and tell me it’s raining
Every hospital I’ve ever visited allows any friend/relative/etc. (anyone, really) to visit patients, with two exceptions:
1. Many hospitals place limitations on who can visit patients in the ICU (and other restricted environments); and
2. Many hospitals have different visiting hours for immediate family (e.g., regular visiting hours may end at 8, but immediate family may be able to stay for another hour or two). I experienced this when my fiance (now wife) was in the hospital a couple of years ago - the hospital tried to kick me out at the end of ‘regular’ visiting hours because we were not yet married.
“”It’s not clear to me that a defendant in a lawsuit... can simply walk away from a lawsuit or withdraw,” he said. “
Just ask Obummer... he’s doing the same thing.
Funny how when the pResident does it, these guys don’t say a word.
well, most of those will make ‘exceptions’ in the case of domestic partners. I was able to to both into ICU and CCU to visit a non relative as soon as I explained that I was the only one who could visit. and I was a regular at Yale’s CICU for six months. once they know who you are, there’s hardly a problem.
this ‘reason’ is more of a pretext than anything else.
My story was that I was able to visit a friend who was also a guy, as well as a girlfriend at the time. I wasn’t married in either case. I agree that yes, it could probably be more an issue of specific hospitals or conditions. For instance, someone with serious burns may have some severe restrictions, such as no flowers, and a limit to how many people can visit at a time.
Just ask Obummer... he’s doing the same thing.
Funny how when the pResident does it, these guys don’t say a word.
We shouldn't fall for the trap that some lay by saying that the Republican Walker is doing just what Obama is doing. Nothing is further from the truth. It's apples and bowling balls.
Obama is ignoring the clear wording of the law. Walker is obeying the clear wording of the law. What's the problem?
The comments on this news site thread are disgusting. I feel like I’m at the DUmp.
every hospital I’ve eveer been to has been very nice about allowing visitors. I wonder where all these gay folk have all this trouble? I think it’s all in their minds, probably another one of them left-wing canards, kinda like “super bowl wife abuse”.
Yes, but that's the only inane ranting you'll hear from the pervert left.
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