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FACT BRIEF

Did Wisconsin Supreme Court candidate Daniel Kelly say that supporting same-sex marriage 'robs marriage of any meaning?'

By Tom Kertscher
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YES

In 2016, Daniel Kelly applied for a vacancy on the Wisconsin Supreme Court. In his application, he criticized same-sex marriage and mentioned the 2013 U.S. Supreme Court decision in United States vs. Windsor. In that case, the court struck down part of a federal law that defined marriage for federal purposes as a legal union between one man and one woman.

Kelly wrote:

“The sentiments expressed in United States vs. Windsor will eventually rob the institution of marriage of any discernible meaning. Fairness, as a substitute for justice, must always reduce to the least common denominator. By little and little, it will wear away marriage’s distinctives.”

Kelly is one of four candidates in the 2023 state Supreme Court race. The two candidates who receive the most votes in the Feb. 21 primary will compete in the spring election on April 4.

This fact brief is responsive to conversations such as this one.
Sources
DocumentCloud Daniel Kelly application for Wisconsin Supreme Court
Encyclopædia Britannica United States v. Windsor | law case
Ballotpedia Wisconsin Supreme Court elections, 2023
Milwaukee Journal Sentinel Carroll students oppose Justice Kelly appearance
Milwaukee Journal Sentinel Scott Walker names Daniel Kelly to high court
Wisconsin Examiner Wisconsin Examiner
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.