Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, February 6, 2014

Wisconsin's "Marriage Evasion Law" Challenged


Three same-sex couples are suing Wisconsin Governor Scott Walker and six other state officials over the “marriage evasion law” codified as Wis Stat. § 765.30(1).

Lead plaintiff Virginia Wolf states in her complaint that the law makes it a “criminal offense to go outside the state to contract a marriage prohibited under the laws of Wisconsin. A violation bears penalties of up to $10,000 in fines and nine months in prison.”  The couples claim they are being denied the freedom of marriage not for any legitimate purpose, but because of their sexual orientation.

See Cheryl Armstrong, Wisconsin Criminalizes Some Same-Sex Marriages, Courthouse News Service, Feb. 5, 2014.



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