Federal Judge Refuses To Issue Stay On Wisconsin Same-Sex Marriage Ruling
Federal Judge Barbara Crabb has declined to issue a stay on her same-sex marriage ruling in Wisconsin. That leaves the question of whether to issue marriage certificates to gay and lesbian couples up to individual counties pending a ruling from appeals courts.
From the Journal-Sentinel:
Three days after issuing her historic ruling striking down the state's same-sex marriage ban, U.S. District Judge Barbara Crabb rejected a request from Attorney General J.B. Van Hollen to put her decision on hold. But in a hearing Monday, she signaled that she or a federal appeals court is likely to stay her ruling from Friday at some point in the coming weeks, which in turn would block county officials around the state from issuing marriage licenses to gay and lesbian couples while the decision is appealed.
Crabb's Friday decision was different from others around the country. While she ruled Wisconsin's ban against same-sex marriage was unconstitutional, she did not issue an order instructing county and state officials on what to do about it, leaving county clerks to decide that issue for themselves for the time being.
In Monday's hearing and in a written followup order released later in the day, Crabb said she was leaving the "status quo" in place until she issues specific orders to public officials. She set her next hearing for June 19.
Crabb's order Monday leaves the state divided into counties such as Dane, Milwaukee and Waukesha, where clerks are issuing same-sex marriage licenses, and counties such as Ozaukee, Washington and Racine, where they are not.
Keep those marriages coming, Wisconsin Instincters!