Same-sex couples continue to marry in Wisconsin after a judge refused to stay her decision declaring the state’s marriage ban unconstitutional.
Clerks in 41 of Wisconsin’s 72 counties have begun issuing marriage licenses. Many have waived the state’s five-day waiting period to marry.
Attorney General J.B. Van Hollen filed an appeal with the Seventh Circuit Court of Appeals in Chicago and the district court that issued the ruling to put a stay on its decision.
“A stay is necessary in this case to avoid confusion and to maintain the status quo,” he argued.
He didn’t say what was confusing about same-sex couples getting married in his state as they can in 19 other states.
Judge Barbara Crabb, who issued the ruling on Friday, refused to stay her decision today. Marriages will continue in Wisconsin at least until the attorney general asks the Seventh Circuit to stay the decision through its appeal process.
Despite Crabb’s announcement today that she would not stay her decision, Hollen said marriages licenses should not be issued because Crabb did not enjoin enforcement of the marriage law. Crabb said how clerks interpret marriage law is outside the realm of the lawsuit in her court and she would not issue instructions to them.