Wisconsin Statutes
Wis. Stat. § 765.01 (2026)
A civil contract
✓ current as of July 2026
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765.01765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.
765.01 NoteNOTE: In Wolf v. Walker, 26 F. Supp. 3d 866 (2014), the U.S. District Court, Western District of Wisconsin declared that “Any Wisconsin statutory provisions, including those in Wisconsin Statutes chapter 765, that limit marriages to a ‘husband’ and a ‘wife,’ are unconstitutional as applied to same-sex couples.” Affirmed. 766 F.3d 648. U.S. Seventh Circuit Court of Appeals, Case No. 14-2526, issued September 4, 2014. See also Obergefell v. Hodges, 576 U.S. 644, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015).
765.01 NoteNOTE: See also article XIII, section 13, Marriage.
765.01 AnnotationSame-sex couples may exercise the fundamental right to marry in all states. The right to marry is a fundamental right inherent in the liberty of the person, and under the due process and equal protection clauses of the 14th amendment couples of the same-sex may not be deprived of that right and that liberty. Obergefell v. Hodges, 576 U.S. 644, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015).
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1986–2026 · leading case: Yer Xiong v. Nhia Lue Xiong, 2002 WI App 110 (Wis. Ct. App. 2002).
Yer Xiong v. Nhia Lue Xiong, 2002 WI App 110 (Wis. Ct. App. 2002). “2d 174 (1971); see also Wis. Stat. § 765.01 . So strong are the presumptions and public policy concerns, argues State Farm, that a court has equitable powers to rule an otherwise invalid marriage valid, relying on Halker v.”
Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). “" Wis. Stat. § 765.01 (emphasis added). See also Campbell v.”
McConkey v. Van Hollen, 2010 WI 57 (Wis. 2010). “"); § 765.01 ("Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.”
Pettygrove Ex Rel. Scholl v. Pettygrove, 393 N.W.2d 116 (Wis. Ct. App. 1986). “Pauline argues that marriage is a "civil contract," sec. 765.01, Stats., and that contract actions generally survive the death of a party.”
Kimberlee Lynn Borowski v. Steven Raymond Borowski (Wis. Ct. App. 2026). “§ 765.01 (“Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife.”
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