Assembly Bill 314 seeks to modernize Wisconsin law by adopting gender-neutral terminology in marriage and parentage, in line with the U.S. Supreme Court's decision in Obergefell v. Hodges, which recognized same-sex marriage. The bill redefines "spouse" to encompass individuals of the same sex, replacing all instances of "husband" and "wife" with "spouse." This change ensures that same-sex couples enjoy the same legal rights and responsibilities as heterosexual couples across various areas, including income tax, marital property, inheritance rights, and child support. Furthermore, the bill facilitates legal parentage for same-sex couples, allowing for joint adoption and establishing provisions for artificial insemination and parentage presumption.

In addition to these significant changes, the bill amends various statutes to reflect the new gender-neutral language, such as updating fishing license regulations and clarifying that both spouses can be recognized as legal parents on a child's birth certificate. It also modifies definitions related to surviving spouses, minors, and individuals receiving care, ensuring inclusivity in legal contexts. For example, it specifies that the surviving spouse is liable for property and estate costs and updates language regarding infants and unborn children affected by substance abuse to refer to the "person who gave birth." Overall, the bill aims to create a more inclusive legal framework that reflects contemporary societal norms and ensures equal treatment for all couples.

Statutes affected:
Bill Text: 29.219(4), 29.219, 29.228(5), 29.228, 29.228(6), 29.229(2)(i), 29.229, 29.2295(2)(i), 29.2295, 29.563(3)(a)3, 29.563, 29.607(3), 29.607, 45.01(6)(c), 45.01, 45.51(3)(c)2, 45.51, 45.51(5)(a)1.b, 45.51(5)(a)1.c, 45.55, 46.03(34), 46.03, 46.10(2), 46.10, 46.238