NEW INFORMATION: Judge rejects halt to Wisconsin gay marriages

By: AP Email
By: AP Email
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INSIDE: Statements from Attorney General J.B. Van Hollen, who has appealed the judge

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MADISON, Wis. (ATTORNEY GENERAL'S OFFICE NEWS RELEASE) — Attorney General J.B. Van Hollen issued the following statement after today’s hearing before Judge Barbara B. Crabb for the U.S. District Court for the Western District of Wisconsin in the matter of Wolf, et al. v. Walker, et al.

At today's hearing, Judge Crabb reiterated that Wisconsin marriage law has not been enjoined. 

According to Wisconsin Attorney General J.B. Van Hollen, “Wisconsin's marriage law is in full force and effect, and all state and local officials are under a continuing duty to follow Wisconsin's marriage law unless and until the court enjoins that law.”


MADISON, Wis. (ACLU OF WISCONSIN NEWS RELEASE) – On Friday, U.S. District Court Judge Barbara Crabb struck down the discriminatory amendment to the Wisconsin state constitution preventing same-sex couples from marrying.  Today, she held a hearing on Attorney General Van Hollen’s request to ‘stay’ her decision.  In the meantime, at least twenty Wisconsin counties have started issuing marriage licenses to same-sex couples.

Judge Crabb’s ruling stated: "To the extent that defendants mean to argue a special rule should apply to the issue of same-sex marriage, they cite no authority for that view.  There is no asterisk next to the Fourteenth Amendment that excludes gay persons from its protections." 

During today’s hearing, Judge Crabb did not rule on the emergency stay and instead set a hearing date for Thursday, June 19th to review the parties’ proposed injunctive language.  This morning, Attorney General Van Hollen made a request to the 7th Circuit Court of Appeals to stay Judge Crabb’s decision.

ACLU Client Marie Carlson, was encouraged by the decision, saying, “We practically live our lives as a married couple as it is. We have a child at home now and our other son is in the Air Force. We’re just normal everyday people, nothing special. Why shouldn’t our family have this freedom?”  Marie and her partner, Charvonne Kemp, are hoping to marry in October.

“We are confident that the appeals court will review the case and agree with Judge Crabb’s initial finding that this case is about the constitutional cornerstones of liberty and equality. This is about basic rights for people who are being harmed by the current law,” said ACLU of Wisconsin Legal Director Larry Dupuis.

The American Civil Liberties Union is challenging the discriminatory ban on behalf of eight couples seeking the freedom to marry in Wisconsin or to have their out-of-state marriages recognized. More information about this case can be found at:


MILWAUKEE (AP) -- A federal judge has refused to issue an emergency stay blocking gay marriages in Wisconsin.

U.S. District Judge Barbara Crabb declared the state's gay marriage ban unconstitutional in an ACLU lawsuit Friday.

But she didn't issue any injunction or order telling county clerks to begin issuing licenses. That left clerks to decide for themselves whether they have the power to issue licenses to same-sex couples.

A number of counties, including Milwaukee and Madison, have started issuing licenses.

Republican Attorney General J.B. Van Hollen asked Crabb on Friday for an emergency stay halting gay marriages pending his appeal. He also asked the 7th Circuit Court of Appeals for an emergency stay.

Crabb rejected the request Monday, saying the ACLU is still drafting an injunction and she wants to see the language before deciding whether to issue a stay.
MADISON, Wis. (AP) -- Gay couples are continuing to marry in Wisconsin after a federal judge delayed acting on the state attorney general's request for her to halt the ceremonies.

U.S. District Judge Barbara Crabb's Friday decision declaring Wisconsin's ban on gay marriage unconstitutional has confused some county clerks because she did not order counties to begin issuing licenses.

Instead, Crabb asked the ACLU to tell her exactly what it wanted her to block in the gay marriage law. Crabb said Monday she'll schedule a hearing once the ACLU responds.

Some county clerks have decided to begin issuing licenses anyway; others say they are waiting until they receive an order from the court or state.

Republican Attorney General J.B. Van Hollen has appealed Crabb's decision to the 7th U.S. Circuit Court of Appeals.

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