2006 Wisconsin Referendum 1

Referendum to ban same-sex marriage February 2026 September 2023 Referendum 1 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. 1,264,310 862,924 2,183,155 4,256,721 49.97 Sources:2006-11-07_FallElection_Referendum_CountyReturnsGeneral Election Voter Registration and Absentee Statistics 1984-2022.xlsxCNN.com Election 2006 - Ballot Measures Accessed 14 December 2006. 260px County results 260px Precinct results 1 Yes #2B2457 90–100% 1px #AAAAAA solid #28497C 80–90% 1px #AAAAAA solid #47729E 70–80% 1px #AAAAAA solid #7D9CBB 60–70% 1px #AAAAAA solid #B6C8D9 50–60% 1px #AAAAAA solid No #32320C 90–100% 1px #AAAAAA solid #5D5D2D 80–90% 1px #AAAAAA solid #8B8B54 70–80% 1px #AAAAAA solid #BCBC83 60–70% 1px #AAAAAA solid #DEDEBD 50–60% 1px #AAAAAA solid Other #EBEEED Tie 1px #AAAAAA solid #808080 No data 1px #AAAAAA solid Wisconsin Referendum 1 of 2006 was a referendum on an amendment to the Wisconsin Constitution that would invalidate same-sex marriages or any substantially similar legal status.https://www.aclu-wi.org/en/news/timeline-freedom-marry-wisconsin Timeline for freedom to marry in Wisconsin October 9, 2014 ACLU June 14, 2025 https://web.archive.org/web/20210426044017/https://www.aclu-wi.org/en/news/timeline-freedom-marry-wisconsin April 26, 2021 The referendum was approved by 59% of voters during the general elections in November 2006. All counties in the state voted for the amendment except Dane County (home of the state capital, Madison, and the University of Wisconsin), which opposed it. The constitutional amendment created by Referendum 1 was invalidated by the United States Court of Appeals for the Seventh Circuit in Wolf v. Walker in 2014, and has been effectively nullified since June 26, 2015, when the United States Supreme Court ruled in Obergefell v. Hodges that state-level bans on same-sex marriage are unconstitutional.https://edition.cnn.com/videos/us/2015/06/26/supreme-court-same-sex-marriage-ruling-brown-dnt-tsr.cnn U.S. 21st country to allow same-sex marriage nationwide June 26, 2015 CNN Amendment The text of the adopted amendment, which became Article XIII, Section 13 of the state constitution, reads: 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."DOMAwatch.org - Wisconsin https://web.archive.org/web/20050310145716/http://www.domawatch.org/stateissues/wisconsin/index.html 2005-03-10 " Alliance Defense Fund. 2006. Accessed 06 January 2007. As required by the constitution, the amendment was approved by both houses of the legislature, in two consecutive sessions. The legislative history of the amendment is as follows: March 5, 2004: Approved by Wisconsin State Assembly by a vote of 68–27. March 12, 2004: Approved by Wisconsin State Senate by a vote of 20–13.Assembly Joint Resolution 66, Journal of the Wisconsin Senate, March 11, 2004, p. 717. The final vote was taken shortly after midnight on March 12. December 6, 2005: Approved by the State Senate a second time, by a vote of 19–14.Senate Joint Resolution 53, Journal of the Wisconsin Senate, Dec. 6, 2005, p. 488. February 28, 2006: Approved by the State Assembly a second time. November 7, 2006: Approved by referendum, by a margin of 59.4%–40.6%.Canvass Summary, Wisconsin State Elections Board, Fall General Election, Nov. 7, 2006. CountyYesNoTotal votes#%#%# Adams 5,142 65.2% 2,741 34.8% 7,883 Ashland 3,566 59.9% 2,392 40.1% 5,958 Barron 10,958 68.8% 4,962 31.2% 15,920 Bayfield 4,132 57.9% 3,010 42.1% 7,142 Brown 55,780 60.6% 36,305 39.4% 92,085 Buffalo 3,428 64.1% 1,921 35.9% 5,349 Burnett 4,418 72.4% 1,686 27.6% 6,104 Calumet 13,338 69.0% 5,986 31.0% 19,324 Chippewa 13,993 65.4% 7,408 34.6% 21,401 Clark 7,737 69.2% 3,436 30.8% 11,173 Columbia 13,023 59.5% 8,866 40.5% 21,889 Crawford 3,980 62.1% 2,427 37.9% 6,407 Dane 70,377 33.1% 142,491 66.9% 212,868 Dodge 22,552 73.4% 8,154 26.6% 30,706 Door 8,412 59.2% 5,790 40.8% 14,202 Douglas 9,316 59.9% 6,241 40.1% 15,557 Dunn 8,520 58.9% 5,939 41.1% 14,459 Eau Claire 19,595 51.7% 18,297 48.3% 37,892 Florence 1,515 75.9% 481 24.1% 1,996 Fond du Lac 25,745 68.7% 11,731 31.3% 37,476 Forest 2,407 67.1% 1,180 32.9% 3,587 Grant 10,546 62.5% 6,321 37.5% 16,867 Green 7,074 54.1% 6,011 45.9% 13,085 Green Lake 5,850 74.0% 2,051 26.0% 7,901 Iowa 4,553 50.7% 4,424 49.3% 8,977 Iron 1,743 65.1% 935 34.9% 2,678 Jackson 4,418 63.8% 2,504 36.2% 6,922 Jefferson 19,918 65.1% 10,687 34.9% 30,605 Juneau 5,717 68.5% 2,625 31.5% 8,342 Kenosha 29,676 59.2% 20,490 40.8% 50,166 Kewaunee 6,450 72.9% 2,399 27.1% 8,849 La Crosse 21,327 50.2% 21,175 49.8% 42,502 Lafayette 3,624 62.8% 2,149 37.2% 5,773 Langlade 5,856 68.3% 2,724 31.7% 8,580 Lincoln 7,129 66.1% 3,661 33.9% 10,790 Manitowoc 22,442 70.1% 9,572 29.9% 32,014 Marathon 31,675 65.0% 17,054 35.0% 48,729 Marinette 12,192 72.8% 4,554 27.2% 16,746 Marquette 4,152 67.5% 2,003 32.5% 6,155 Menominee 507 53.1% 448 46.9% 955 Milwaukee 172,548 55.0% 141,453 45.0% 314,001 Monroe 8,871 66.2% 4,525 33.8% 13,396 Oconto 10,222 71.1% 4,165 28.9% 14,387 Oneida 9,356 59.1% 6,478 40.9% 15,834 Outagamie 42,849 62.6% 25,631 37.4% 68,480 Ozaukee 25,914 63.5% 14,916 36.5% 40,830 Pepin 2,106 70.3% 889 29.7% 2,995 Pierce 8,350 59.5% 5,673 40.5% 14,023 Polk 10,619 69.2% 4,733 30.8% 15,352 Portage 15,409 53.7% 13,285 46.3% 28,694 Price 3,944 63.6% 2,259 36.4% 6,203 Racine 43,869 63.8% 24,868 36.2% 68,737 Richland 3,939 61.6% 2,454 38.4% 6,393 Rock 30,220 55.6% 24,087 44.4% 54,307 Rusk 3,848 66.8% 1,916 33.2% 5,764 St. Croix 16,668 63.1% 9,749 36.9% 26,417 Sauk 12,394 57.1% 9,310 42.9% 21,704 Sawyer 4,245 67.1% 2,082 32.9% 6,327 Shawano 11,333 72.6% 4,279 27.4% 15,612 Sheboygan 32,908 70.3% 13,895 29.7% 46,803 Taylor 4,741 66.3% 2,414 33.7% 7,155 Trempealeau 5,996 63.4% 3,466 36.6% 9,462 Vernon 6,253 61.6% 3,901 38.4% 10,154 Vilas 6,386 61.8% 3,953 38.2% 10,339 Walworth 20,501 61.8% 12,652 38.2% 33,153 Washburn 4,465 68.0% 2,097 32.0% 6,562 Washington 38,759 73.7% 13,804 26.3% 52,563 Waukesha 118,736 68.3% 55,165 31.7% 173,901 Waupaca 13,281 69.6% 5,810 30.4% 19,091 Waushara 6,168 68.5% 2,833 31.5% 9,001 Winnebago 37,188 57.7% 27,228 42.3% 64,416 Wood 19,441 66.7% 9,723 33.3% 29,164Totals 1,264,310 59.4% 862,924 40.6% 2,127,234 Source: https://web.archive.org/web/20230403055156/https://docs.legis.wisconsin.gov/misc/lrb/blue_book/2007_2008/955_elections.pdf April 03, 2023 Wisconsin Blue Book Effects The amendment, which took effect on November 7, 2006, constitutionally banned same-sex marriages, which were never recognized by the state and was statutorily banned since 1979, and civil unions or civil union equivalents, which were never recognized by the state. Wisconsin became the 21st US state to ban same-sex marriage in its constitution and 14th US state to ban civil unions or civil union equivalents in its constitution. This preempted the state judiciary from requiring the state to legally recognize same-sex marriages or civil unions or civil union equivalents and preempted the Wisconsin Legislature from enacting a statute legalizing same-sex marriages or civil unions or civil union equivalents. Domestic partnerships in Wisconsin, legal statewide for state employees only and 1 county and 3 municipalities at the time, were unaffected by the amendment. In 2009, Wisconsin would enact statewide domestic partnerships for everyone, which would later be repealed in 2018. Legal challenge In April 2009 the Wisconsin Supreme Court was asked in McConkey v. Van Hollen to rule on whether the 2006 Referendum 1 was constitutional. William McConkey, a political science instructor, claimed that the measure violated the state's constitution because it proposed more than one question in a single ballot proposal, which is impermissible under Wisconsin law.Wisconsin amendment supreme courtChristopher Magnum, Wis. "Supreme Court Hears Gay Marriage Case", Advocate.com, Nov. 3, 2009.Patrick Marley, "State Supreme Court hears arguments on gay marriage amendment", The Milwaukee Journal Sentinel, Nov. 3, 2009. On June 30, 2010, the Court ruled that the amendment referendum question was permissible and thus the amendment had been properly passed.Wisconsin Supreme Court upholds gay marriage ban https://6abc.com/archive/7529352/ 6abc WPVI-TV October 1, 2023 June 30, 2010Foley Ryan J. Wisconsin Supreme Court unanimously upholds gay marriage ban https://madison.com/news/local/crime_and_courts/wisconsin-supreme-court-unanimously-upholds-gay-marriage-ban/article_b8006134-8442-11df-b57d-001cc4c03286.html subscription https://web.archive.org/web/20220713145244/https://madison.com/news/local/crime_and_courts/wisconsin-supreme-court-unanimously-upholds-gay-marriage-ban/article_b8006134-8442-11df-b57d-001cc4c03286.html July 13, 2022 October 1, 2023 Madison.com AP Wisconsin State Journal June 30, 2010 In 2014, the ACLU filed a lawsuit, Wolf v. Walker, to challenge the amendment and a federal judge agreed.https://wisconsinexaminer.com/2022/05/23/same-sex-marriage-partially-protected-in-wisconsin-in-a-post-roe-future/ Same-sex marriage partially protected in Wisconsin in a post-Roe future Redman Henry May 23, 2022 Wisconsin Examiner June 14, 2025 https://web.archive.org/web/20220523135027/https://wisconsinexaminer.com/2022/05/23/same-sex-marriage-partially-protected-in-wisconsin-in-a-post-roe-future/ May 23, 2022 On June 6, 2014, the United States District Court for the Western District of Wisconsin overturned all bans on same-sex marriage in the state.Wisconsin's same-sex marriage ban struck down http://host.madison.com/wsj/news/local/govt-and-politics/wisconsin-s-same-sex-marriage-ban-struck-down/article_d4b76da1-3fc7-5946-9cb2-dc7ea1d81f94.html 2014-06-06 On October 6, 2014, same sex marriage was legalized in Wisconsin. Pre-decision opinion polls Date of opinion pollConducted bySample sizeIn favorAgainstUndecidedMarginMargin of ErrorSource October 2006 St. Norbert College ? 51% left 44% ? 7% pro ? Ballot Measure Update September 2006 Diversified Research for wispolitics.com ? 53% left 39% ? 14% pro ? 2006 Ballot Measures: A National Scorecard References 2 External links 2005 Enrolled Joint Resolution 30 (https://web.archive.org/web/20110716094448/http://www.co.kenosha.wi.us/countyclerk/documents/notice_20061107.pdf 2011-07-16 ) Category:U.S. state constitutional amendments banning same-sex unions Category:2006 in LGBTQ history Category:2006 Wisconsin elections Category:2006 ballot measures in the United States Category:Wisconsin ballot measures Category:LGBTQ history in Wisconsin Category:Same-sex marriage ballot measures in the United States