To amend so as in effect to repeal section 13 of article XIII of the constitution; Relating to: eliminating constitutional restrictions on marriage (first consideration).
Summary
AJR76 is a proposed constitutional amendment that would repeal section 13 of article XIII of the Wisconsin Constitution. That section currently limits marriage to one man and one woman and bars recognition of a legal status for unmarried individuals that is identical or substantially similar to marriage. If adopted, the resolution would remove those constitutional restrictions and allow the state constitution to no longer prohibit recognition of same-sex marriage or comparable relationship statuses.
Because this is a constitutional amendment, it would not become effective immediately upon passage by one legislature. It would need approval by two successive legislatures and then ratification by the voters before taking effect. The resolution was introduced for first consideration in the 2025-2026 Legislature and ultimately failed to adopt pursuant to Senate Joint Resolution 1.
Impact
The bill would amend the Wisconsin Constitution by repealing the marriage-restriction language in article XIII, section 13. That would remove the state constitutional barrier to recognizing marriages other than one man and one woman and would also eliminate the prohibition on recognizing legal statuses substantially similar to marriage for unmarried individuals. The measure would affect constitutional law directly rather than ordinary statutes, and any practical legal changes would depend on future legislative action and voter ratification.
Sentiment
The available record suggests support among a large group of Democratic legislators and allied cosponsors, indicating a generally favorable sentiment toward removing the constitutional marriage restriction. The bill’s introduction with many cosponsors suggests the proposal was framed as a civil rights and equality measure. However, the final outcome shows it did not advance to adoption, reflecting insufficient support to complete the constitutional amendment process.
Contention
The central point of contention is whether the Wisconsin Constitution should continue to contain an explicit definition of marriage limited to one man and one woman. Supporters appear to favor deleting that language to align the constitution with marriage equality and to prevent discrimination against same-sex couples and similar relationship recognition. Opponents are not identified in the provided record, but the bill’s failure to adopt indicates that enough legislators were unwilling to approve the amendment, likely due to disagreement over changing the constitutional text or over the broader policy implications of recognizing marriage-like legal statuses.
A concurrent resolution to amend and reenact section 9 of article III and section 16 of article IV of the Constitution of North Dakota, relating to the threshold for approving a constitutional amendment.
Requiring each resolution adopted by the legislative assembly proposing a constitutional amendment and each initiative petition and measure proposing a constitutional amendment to be comprised of a single subject.
A concurrent resolution to amend and reenact section 9 of article III and section 16 of article IV of the Constitution of North Dakota, relating to requiring each resolution adopted by the legislative assembly proposing a constitutional amendment and each initiative petition and measure proposing a constitutional amendment to be comprised of a single subject.