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.