U.S. District Judge Barbara Crabb has declined the state's request for a stay to halt gay marriages that have been taking place since her ruling Friday, declaring the ban unconstitutional. Crabb added during a hearing Monday that her ruling was a "declaratory judgement", not an injunction.
Crabb said her decision on Friday confused some clerks because she did not order counties to begin issuing licenses.
Both sides will be back before Judge Crabb next week on the ACLU's request for an injunction on the gay marriage ban.
Wisconsin Attorney General JB Van Hollen today has asked a federal appeals court to halt gay weddings in the state following Friday's ruling.
Van Hollen filed the motion in the 7th Circuit Court of Appeals.
U.S. District Judge Barbara Crabb has scheduled a Monday afternoon hearing to consider Van Hollen's Friday request to put her decision on hold and stop clerks from issuing licenses.
Dane County Executive Joe Parisi says he believes weddings that were conducted over the weekend will still be legal, even if a stay is granted.
Two hundred-eighty-three marriage licenses were issued to same sex couples in Dane and Milwaukee counties on Friday and Saturday. The question now, are the marriages valid?
The head of Wisconsin's ACLU Chapter, Chris Ahmuty, believes the risk of the licenses being invalidated is "very low." Ahmuty does caution same sex couples to take their time before making such a decision.
Wisconsin Attorney JB Van Hollen has said he will be seeking an emergency order to stop the process. Van Hollen is expected to petition the appeals court today.
While U.S. District Judge Barbara Crabb ruled the ban was unconstitutional, she did not order counties to start issuing licenses.
MADISON, Wis. (AP) _ A federal judge's ruling striking down Wisconsin's gay marriage ban has led some clerks to start issuing marriage licenses.
Clerks in Madison and Milwaukee planned to be issue more licenses on Saturday, despite confusion over the effect of the ruling. Dane County issues 61 licenses on Friday.
U.S. District Judge Barbara Crabb's ruling late Friday afternoon found the ban unconstitutional. But she also asked the gay couples who sued to describe exactly what they wanted her to block in the law. She said she would later decide whether to put her decision on hold while it is appealed.
Republican Attorney General J.B. Van Hollen insists the ruling did not clear the way for weddings to begin. Van Hollen has sought an emergency order in federal court to stop more marriage licenses from being issued.
MADISON, Wis. (AP) _ A federal judge has struck down Wisconsin's ban on same-sex marriage, ruling it unconstitutional.
U.S. District Judge Barbara Crabb issued the ruling Friday, but it wasn't clear whether same-sex marriages could immediately begin.
But the ruling makes Wisconsin the 27th state where same-sex couples can marry under law or where a judge has ruled they ought to be allowed to wed.
Clerks in the state's two largest cities of Milwaukee and Madison had been preparing for such a ruling by bringing in extra staff to handle an expected flood of marriage-license applicants.
The lawsuit was brought by the American Civil Liberties Union on behalf of eight same-sex couples.
Gov. Scott Walker has been a strong proponent of the constitutional same-sex marriage ban that was approved by state voters in 2006.