A law that affirms LGBT citizens of Wisconsin right to visit their partners in the hospital is under legal attack. Conservative group Wisconsin Family Action says the law, passed in 2009, violates a 2006 Constitutional amendment barring gay marriage. Gov Walker is now seeking permission to drop his administration's defense of the lawsuit.
“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.
[LGBT Rights group] 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.
It's just the latest antic on Governor Walker's Wild Ride to become the most unpopular Governor in history. Recall petitions will begin in January, the recall election could come as soon as March 2012. Information on the recall effort can be found here.