PHOTOS: Same-Sex Weddings Continue in Wis.

The federal judge who struck down Wisconsin's ban on same-sex marriage refused to stay her decision Monday, allowing couples to continue applying for marriage licenses throughout the state.

BY Sunnivie Brydum

June 09 2014 4:20 PM ET

Same-sex couples in Wisconsin can continue applying for — and in some counties, receiving — marriage licenses, as a federal judge who struck down the state's ban on same-sex marriage Friday refused to put her decision on hold in a hearing today. 

Hundreds of same-sex couples have married in Wisconsin since U.S. District Court Judge Barbara Crabb's Friday ruling striking down the ban, reports the Associated Press. Crabb's ruling found that Wisconsin's 2006 voter-approved constitutional amendment prohibiting same-sex marriage violated the U.S. Constitution, but also asked the American Civil Liberties Union, which represented the eight same-sex couples filing suit, to clarify which parts of state law the ACLU wanted suspended. The judge gave the ACLU until June 16 to respond to that request for clarification. 

In a hearing in federal court today, Crabb rejected the state's request for an emergency stay, filed by Wisconsin's Republican attorney general, J.B. Van Hollen, who has also appealed the initial ruling to the U.S. Court of Appeals for the Seventh Circuit, seeking a stay from that higher court as well. Crabb refused to place her ruling on hold until after she sees a response from the ACLU, according to the AP. She set the next hearing for June 19.

Also, she said that if the state wishes to stop the issuance of marriage licenses to same-sex couples, it should appeal that matter to a state court. "I never said anything about whether any county clerk could go forward and issue a marriage license," she told state attorneys, according to the Milwaukee Journal Sentinel. "That hasn't been decided." That led Van Hollen to assert that the anti-marriage equality law remains in effect, but officials in some counties contended they have the right to issue the licenses.

So, for now, same-sex couples in several Wisconsin counties can apply for marriage licenses, though the time period in which couples can legally wed varies by county. Wisconsin law usually prescribes a five-day waiting period between when couples receive their marriage license and when they can be married, but clerks in Milwaukee and Dane counties — the latter of which includes the state capital, Madison —waived that requirement for same-sex couples over the weekend, the AP reports.  

Joining Milwaukee and Dane counties in issuing licenses to same-sex couples are clerks in Brown County, which includes Green Bay; Outagamie County; Rock County; Kenosha County; and Waukesha County, according to the AP. 

However, clerks in La Crosse and St. Croix counties are not issuing licenses to same-sex couples, saying they are awaiting formal guidance from the state on how to proceed in the wake of Crabb's ruling. 

Watch a report from Minnesota's WCCO on the marriages and the county confusion below, then see photos from this weekend's ceremonies.

 

 


 

 


 

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