State v. Heath on Wis. Stat. 765.001(2)

Judge Brown for the Wisconsin Court of Appeals in this unpublished opinion, at paragraph 24

The [Circuit] court appeared to believe that, because the legislature determined that "[m]arriage is the institution that is the foundation of the family and of society" and that its "stability is basic to morality and civilization and of vital interest to society and the state," the legislative intent was to recognize marriage of the parents as a necessary ingredient of healthy family life, an ingredient missing from Heath's family relationship. We conclude that this interpretation of Wis. Stat. § 765.001(2) is mistaken. The statute expressly refers only to the marital relationship. It does not mention or compare marriage to any other type of familial or intimate relationship. Moreover, we look at the context of the statute and note that it appears in Wis. Stat. ch. 765, which is entitled "Marriage." We presume that the legislature highlighted the importance of marriage to society in ch. 765 because marriage is the subject matter of that chapter. Thus, we do not read the legislature's recognition that marriage is an important and vital societal institution worthy of preservation and protection as a policy judgment that other intimate relationships are of lesser value or legitimacy.

The opinion is also available in pdf [21 pp.].

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