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Wisconsin Watch partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.

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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Tom Kertscher joined Wisconsin Watch as a full-time Milwaukee-based reporter in October 2024 after starting as a freelance Fact Briefs reporter in January 2023. In addition to contributing to Wisconsin Watch’s collaboration with The Gigafact Project to combat online misinformation, he reports on Wisconsin policy, labor, energy and the rapid expansion of data centers across the state. Kertscher is a former longtime reporter at the Milwaukee Journal Sentinel, a contributing writer for Milwaukee Magazine and the author of two sports books, on Al McGuire and Brett Favre.