Wisconsin Sex Laws
https://docs.legis.wisconsin.gov/statutes/prefaces/toc
Last update: 9/7/2014
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CHAPTER 944
CRIMES AGAINST SEXUAL MORALITY
https://docs.legis.wisconsin.gov/statutes/statutes/944/III/_1
SUBCHAPTER I
LEGISLATIVE INTENT
944.01 944.01 Intent. The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state.
SUBCHAPTER III
FORNICATION; ADULTERY; GRATIFICATION
944.16 Adultery. Whoever does either of the following is guilty of a Class I felony:
(1) A married person who has sexual intercourse with a person not the married person's spouse; or
(2) A person who has sexual intercourse with a person who is married to another.
History: 1977 c. 173; 1993 a. 486; 2001 a. 109.
https://docs.legis.wisconsin.gov/statutes/statutes/450/16
450.16 Sale of contraceptives prohibited in certain areas.
(a) "Contraceptive article" has the meaning under s. 450.155 (1) (a).
(b) "Vending machine" has the meaning under s. 450.155 (1) (L).
(2) No person may have in the person's possession or under the person's control, any vending machine that is located in a public school, as specified under s. 115.01 (1).
(3) Any person violating this section may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
History: 1985 a. 146.
450.17 Violations. Each member of the board shall investigate and institute actions for violations of this chapter by any person and for violation of ch. 961 by pharmacists. The district attorney of the proper county shall promptly prosecute any such violation upon notice from any source.
History: 1985 a. 146; 1995 a. 448.
450.18 450.18 Penalties. Except as otherwise provided in this chapter, any person who violates this chapter or any rule promulgated under the authority of this chapter may be fined not less than $50 nor more than $100 or imprisoned not less than 30 days nor more than 90 days or both.
History: 1985 a. 146.
CHAPTER 944
CRIMES AGAINST SEXUAL MORALITY
https://docs.legis.wisconsin.gov/search/results?q=cohabitation&filter=biennium%3A2013&filter=doctype%3Astatutes
Chapter 944 (PDF: 
)
Intent. The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state. History: 1983 a. 17. SUBCHAPTER II SEXUAL CRIMES WHICH AFFECT THE FAMILY 944.05 Bigamy. (1) Whoever does any of the following is guilty of a Class I felony: (a) Contracts a marriage in this state with knowledge that his or her prior marriage is not dissolved; or (b) Contracts a marriage in this state with knowledge that the prior marriage of the person he or she marries is not dissolved; or (c) Cohabits in this state with a person whom he or she married outside this state with knowledge that his or her own prior marriage had not been dissolved or with knowledge that the prior marriage of the person he or she married had not been dissolved
https://docs.legis.wisconsin.gov/search/results?q=civil+union&filter=biennium%3A2013&filter=doctype%3Astatutes
Found 2 hits in Chapter 765 - Marriage
Choice of Law: Will a Wisconsin Court Recognize a Vermont Civil Union ? DeFranco. 85 MLR 251 (2001).
Chapter 765
(PDF: )
be completed and sworn to or affirmed before the person authorized to accept marriage license applications in the county and state in which the nonresident resides. History: 1979 c. 32 ss. 48, 92 (2); 1979 c. 89, 176, 177, 355; Stats. 1979 s. 765.05; 1981 c. 20, 142, 314; 1999 a. 85. Residency requirements are discussed. 80 Atty. Gen. 236. Choice of Law: Will a Wisconsin Court Recognize a Vermont Civil Union ? DeFranco. 85 MLR 251 (2001). 765.08 Application for marriage license. (1) Except as provided
https://docs.legis.wisconsin.gov/search/results?q=same+sex&filter=biennium%3A2013&filter=doctype%3Astatutes
Found 2 hits in Chapter 770 - Domestic Partnership
(5) The individuals are members of the same sex .
Chapter 770
(PDF: )
a common residence even if any of the following applies: (a) Only one of the individuals has legal ownership of the residence. (b) One or both of the individuals have one or more additional residences not shared with the other individual. (c) One of the individuals leaves the common residence with the intent to return. (4) The 2 individuals are not nearer of kin to each other than 2nd cousins, whether of the whole or half blood or by adoption. (5) The individuals are members of the same sex . History
Found 2 hits in Chapter 765 - Marriage
Same-Sex Divorce and Wisconsin Courts: Imperfect Harmony? Thorson. 92 MLR 617.
Chapter 765
(PDF: )
of the case, including prior residence in a common-law marriage state, the marriage of a Hmong couple who were married in a traditional Hmong ceremony that was not certified by the former Laotian government was valid. Xiong v. Xiong, 2002 WI App 110, 255 Wis. 2d 693, 648 N.W.2d 900, 01-0844. A wife's assets could be used to pay for her husband's appointed counsel. United States v. Conn, 645 F. Supp. 44 (E. D. Wis. 1986). Same-Sex Divorce and Wisconsin Courts: Imperfect Harmony? Thorson. 92 MLR 617. 765
2004–2006 : in both Wisconsin State Senate and Wisconsin State Assembly, double vote in order needed to put the subject on the ballot. November 7, 2006: Wisconsin voters pass the amendment by a margin of 59%-41%.
In June 2009, the Wisconsin Assembly and Senate both passed the biennial state budget which includes limited domestic partnership protections for the state’s same-sex couples - it went into effect on 3 August 2009.
Texts :
Wisconsin Constitution - Article XIII. Miscellaneous provisions
Section
13. Marriage. Only a marriage between one man and one woman shall be valid or
recognized as a marriage in this state. A legal status identical or
substantially similar to that of marriage for unmarried individuals shall not
be valid or recognized in this state.
Wisconsin Statutes - Chapter 765. The Family Code (765-768)
765.001(2) Intent. - Extract :
... 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....
765.01 A civil contract.
Marriage,
so far as its validity at law is concerned, is a civil contract, to which the
consent of the parties capable in law of contracting is essential, and which
creates the legal status of husband and wife.
765.04 Marriage abroad to circumvent the laws.
' '(1) If
any person residing and intending to continue to reside in this state who is
disabled or prohibited from contracting marriage under the laws of this state
goes into another state or country and there contracts a marriage prohibited or
declared void under the laws of this state, such marriage shall be void for all
purposes in this state with the same effect as though it had been entered into
in this state.
(3) No
marriage shall be contracted in this state by a party residing and intending to
continue to reside in another state or jurisdiction, if such marriage would be
void if contracted in such other state or jurisdiction and every marriage
celebrated in this state in violation of this provision shall be null and void.
765.30 Penalties.
(1) The
following may be fined not more than $10,000 or imprisoned for not more than 9
months or both:
(a)
Penalty for marriage outside the state to circumvent the laws. Any person
residing and intending to continue to reside in this state who goes outside the
state and there contracts a marriage prohibited or declared void under the laws
of this state.
No marriage licenses, allows domestic partnerships (with limited rights).
https://docs.legis.wisconsin.gov/statutes/statutes/770
CHAPTER 770
DOMESTIC PARTNERSHIP
770.001 Declaration of policy.
770.01 Definitions.
770.05 Criteria for forming a domestic partnership.
770.07 Application and declaration.
770.10 Completion and filing of declaration.
770.12 Terminating a domestic partnership.
770.15 Forms.
770.17 Fees to county clerk.
770.18 Records.
770.001 Declaration of policy. The legislature finds that it is in the interests of the citizens of this state to establish and provide the parameters for a legal status of domestic partnership. The legislature further finds that the legal status of domestic partnership as established in this chapter is not substantially similar to that of marriage. Nothing in this chapter shall be construed as inconsistent with or a violation of article XIII, section 13, of the Wisconsin Constitution.
History: 2009 a. 28.
This chapter does not violate not violate article XIII, section 13, of the Wisconsin Constitution, the marriage amendment. The "legal status" of a domestic partnership is not "substantially similar" to the legal status of marriage. Appling v. Doyle, 2013 WI App 3, 345 Wis. 2d 762, 826 N.W.2d 666, 11-1572.
Understanding Domestic Partnerships in Wisconsin. Sweet. Wis. Law. Nov. 2009.
770.01 Definitions. In this chapter:
(1) "Domestic partner" means an individual who has signed and filed a declaration of domestic partnership in the office of the register of deeds of the county in which he or she resides.
(2) "Domestic partnership" means the legal relationship that is formed between 2 individuals under this chapter.
History: 2009 a. 28.
770.05 Criteria for forming a domestic partnership. Two individuals may form a domestic partnership if they satisfy all of the following criteria:
(1) Each individual is at least 18 years old and capable of consenting to the domestic partnership.
(2) Neither individual is married to, or in a domestic partnership with, another individual.
(3) The 2 individuals share a common residence. Two individuals may share a common residence even if any of the following applies:
(a) Only one of the individuals has legal ownership of the residence.
(b) One or both of the individuals have one or more additional residences not shared with the other individual.
(c) One of the individuals leaves the common residence with the intent to return.
(4) The 2 individuals are not nearer of kin to each other than 2nd cousins, whether of the whole or half blood or by adoption.
(5) The individuals are members of the same sex.
History: 2009 a. 28.
770.07 Application and declaration.
(a) Individuals who wish to form a domestic partnership shall apply on or after the 31st day beginning after July 1, 2009, for a declaration of domestic partnership to the county clerk of the county in which at least one of the individuals has resided for at least 30 days immediately before applying.
1. Except as provided in subd. 2., the county clerk may not issue a declaration of domestic partnership until at least 5 days after receiving the application for the declaration of domestic partnership.
2. The county clerk may, at his or her discretion, issue a declaration of domestic partnership less than 5 days after application if the applicant pays an additional fee of not more than $10 to cover any increased processing cost incurred by the county. The county clerk shall pay this fee into the county treasury.
(c) No declaration of domestic partnership may be issued unless the application for it is subscribed to by the parties intending to form the domestic partnership; it contains the social security number of each party who has a social security number; and it is filed with the clerk who issues the declaration of domestic partnership.
1. Each party shall present satisfactory, documentary proof of identification and residence and shall swear, or affirm, to the application before the clerk who is to issue the declaration of domestic partnership. In addition to the social security number of each party who has a social security number, the application shall contain such informational items as the state registrar of vital statistics directs. The portion of the application form that is collected for statistical purposes only shall indicate that the address of an applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 770.18 (2).
2. Each applicant shall exhibit to the clerk a certified copy of a birth certificate, and each applicant shall submit a copy of any judgment, certificate of termination of domestic partnership, or death certificate affecting the domestic partnership status. If any applicable birth certificate, death certificate, notice of termination of domestic partnership, or judgment is unobtainable, other satisfactory documentary proof may be presented instead. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the proof, for an opinion as to its sufficiency, to a judge of a court of record in the county of application.
(2) If sub. (1) and s. 770.05 are complied with, the county clerk shall issue a declaration of domestic partnership. With each declaration of domestic partnership the county clerk shall provide a pamphlet describing the causes and effects of fetal alcohol syndrome. After the application for the declaration of domestic partnership is filed, the clerk shall, upon the sworn statement of either of the applicants, correct any erroneous, false, or insufficient statement in the application that comes to the clerk's attention and shall notify the other applicant of the correction, as soon as reasonably possible.
History: 2009 a. 28.
770.10 Completion and filing of declaration. In order to form the legal status of domestic partners, the individuals shall complete the declaration of domestic partnership, sign the declaration, having their signatures acknowledged before a notary, and submit the declaration to the register of deeds of the county in which they reside. The register of deeds shall record the declaration and forward the original to the state registrar of vital statistics.
History: 2009 a. 28.
770.12 Terminating a domestic partnership.
(a) A domestic partner may terminate the domestic partnership by filing a completed notice of termination of domestic partnership form with the county clerk who issued the declaration of domestic partnership and paying the fee under s. 770.17. The notice must be signed by one or both domestic partners and notarized.
(b) If the notice under par. (a) is signed by only one of the domestic partners, that individual must also file with the county clerk an affidavit stating either of the following:
1. That the other domestic partner has been served in writing, in the manner provided under s. 801.11, that a notice of termination of domestic partnership is being filed with the county clerk.
2. That the domestic partner seeking termination has been unable to locate the other domestic partner after making reasonable efforts and that notice to the other domestic partner has been made by publication as provided in sub. (2).
(2) If a domestic partner who is seeking to terminate the domestic partnership is unable to find the other domestic partner after making reasonable efforts, the domestic partner seeking termination may provide notice by publication in a newspaper of general circulation in the county in which the residence most recently shared by the domestic partners is located. The notice need not be published more than one time.
(3) Upon receiving a completed, signed, and notarized notice of termination of domestic partnership, the affidavit under sub. (1) (b) if required, and the fee under s. 770.17, the county clerk shall issue to the domestic partner filing the notice of termination a certificate of termination of domestic partnership. The domestic partner shall submit the certificate of termination of domestic partnership to the register of deeds of the county in which the declaration of domestic partnership is recorded. The register of deeds shall record the certificate and forward the original to the state registrar of vital statistics.
(a) Except as provided in par. (b), the termination of a domestic partnership is effective 90 days after the certificate of termination of domestic partnership is recorded under sub. (3).
(b) If a party to a domestic partnership enters into a marriage that is recognized as valid in this state, the domestic partnership is automatically terminated on the date of the marriage.
History: 2009 a. 28.
(1) The application and declaration of domestic partnership under s. 770.07 and the notice of termination of domestic partnership and certificate of termination of domestic partnership under s. 770.12 shall contain such information as the state registrar of vital statistics determines is necessary. The form for the declaration of domestic partnership shall require both individuals forming a domestic partnership to sign the form and attest to satisfying all of the criteria under s. 770.05 (1) to (5).
(2) The state registrar of vital statistics shall prepare the forms under sub. (1) and distribute the forms in sufficient quantities to each county clerk.
History: 2009 a. 28.
770.17 Fees to county clerk. Each county clerk shall receive as a fee for each declaration of domestic partnership issued and for each certificate of termination of domestic partnership issued the same amount that the clerk receives for issuing a marriage license under s. 765.15. Of the amount that the clerk receives under this section, the clerk shall pay into the state treasury the same amount that the clerk pays into the state treasury from the fee collected for issuing a marriage license. The remainder shall become a part of the funds of the county.
History: 2009 a. 28; 2013 a. 20.
(1) The county clerk shall keep among the records in the office a suitable book called the declaration of domestic partnership docket and shall enter therein a complete record of the applications for and the issuing of all declarations of domestic partnership, and of all other matters which the clerk is required by this chapter to ascertain related to the rights of any person to obtain a declaration of domestic partnership. An application may be recorded by entering into the docket the completed application form, with any portion collected only for statistical purposes removed. The declaration of domestic partnership docket shall be open for public inspection or examination at all times during office hours.
770.18(2) (2) A county clerk may provide the name of a declaration of domestic partnership applicant and, from the portion of the application form that is collected for statistical purposes, as specified under sub. (1), may provide the address of the declaration of domestic partnership applicant to a law enforcement officer, as defined in s. 51.01 (11). A county clerk shall provide the name and, if it is available, the address, to a law enforcement officer who requests, in writing, the name and address for the performance of an investigation or the service of a warrant. If a county clerk has not destroyed the portion of the declaration of domestic partnership application form that is collected for statistical purposes, he or she shall keep the information on the portion confidential, except as authorized under this subsection. If a written request is made by a law enforcement officer under this subsection, the county clerk shall keep the request with the declaration of domestic partnership application form. If the county clerk destroys the declaration of domestic partnership application form, he or she shall also destroy the written request.
History: 2009 a. 28.
MARRIAGE
https://docs.legis.wisconsin.gov/statutes/statutes/765/_3
765.001 Title, intent and construction of chs. 765 to 768.
(1) Title. Chapters 765 to 768 may be cited as "The Family Code".
(2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. 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. The consequences of the marriage contract are more significant to society than those of other contracts, and the public interest must be taken into account always. The seriousness of marriage makes adequate premarital counseling and education for family living highly desirable and courses thereon are urged upon all persons contemplating marriage. The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. 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. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.
765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.
History: 1979 c. 32 s. 48; Stats. 1979 s. 765.01.
Wisconsin State Constitution
https://docs.legis.wisconsin.gov/constitution/wi/XIII/13
Marriage. Section 13. [As created Nov. 2006] Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state. [2003 J.R. 29, 2005 J.R. 30, vote Nov. 2006]
The two propositions contained in the amendment creating this section plainly relate to the subject of marriage. The general purpose of the marriage amendment is to preserve the legal status of marriage as between only one man and one woman. Both propositions in the marriage amendment relate to and are connected with this purpose. Therefore, the marriage amendment does not violate the separate amendment rule of Article XII, Section 1. McConkey v. Van Hollen, 2010 WI 57, 326 Wis. 2d 1; 783 N.W.2d 855, 08-1868.
Both the plain meaning and historical context of passage favor interpreting "legal status" as referring to eligibility, formation, and termination requirements and attending rights and obligations. Appling v. Doyle, 2013 WI App 3, 345 Wis. 2d 762, 826 N.W.2d 666, 11-1572.
Same-Sex Divorce and Wisconsin Courts: Imperfect Harmony? Thorson. 92 MLR 617.
On September 4, 2014 the Seventh Circuit appeals court declared Wisconsin’s law banning marriage equality as unconstitutional. The state of Wisconsin will appeal to the US Supreme Court. Stay tuned.
From:
http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts
Wolf v. Walker
6/6/14 • Federal Court Ruling
Federal court decision declaring that same-sex couples in WI have the freedom to marry and that marriages legally performed in other states must be respected. Ruling is stayed as appeal proceeds to the 7th Circuit Court of Appeals.