This browser does not support the Video element.
Same-sex marriages continue as clerks await next legal ruling
Same-sex marriages continue as clerks await next legal ruling
MILWAUKEE (WITI) -- Same-sex couples in Wisconsin continued to be granted marriage licenses on Monday, June 9th -- as federal Judge Barbara Crabb delayed acting on the Wisconsin Attorney General's request for her to halt same-sex weddings -- saying she wanted more information from the ACLU. Attorney General J.B. Van Hollen has issued an appeal and requested an emergency stay -- after federal Judge Barbara Crabb ruled on Friday that Wisconsin's ban on same-sex marriage be struck down.
Late Monday, the ACLU said it has filed its proposal for a court order allowing same-sex couples to marry in Wisconsin.
The proposal would require state officials to let gay couples marry -- and to recognize gay marriages performed in other states.
The next likely step is for Crabb to hold a hearing on the proposal.
On Friday, Judge Crabb declared Wisconsin's ban on same-sex marriage to be unconstitutional.
Confusion about her ruling continues -- because she did not give counties guidance on whether they should begin issuing marriage licenses to same-sex couples immediately.
Some counties are issuing licenses, as Wisconsin's Attorney General has issued his appeal through the 7th U.S. Circuit Court of Appeals in Chicago.
The Milwaukee County Clerk's Office tells FOX6 News from Friday through Monday, 183 same-sex marriage licenses have been issued.
One of those was issued to Terri Pepper and Rachel Avery.
"Pretty excited! We got our license a few minutes ago and we are renewing our vows and having our civil ceremony on Sunday," Pepper said.
Counties, including Milwaukee and Dane began issuing same-sex marriage licenses Friday -- immediately following Judge Crabb's ruling.
"We had a line this morning. We'll continue to issue marriage licenses in Dane County," Dane County Clerk Scott McDonell said.
Wisconsin Attorney General J.B. Van Hollen says there's so much confusion on the ruling, he wants the judge to stay the ruling until county clerks are told exactly what they should do.
"That could potentially cause future legal issues. It could certainly cause liability issues for counties. It's important to protect people against it," Van Hollen said.
On Monday, Judge Crabb did not stay, or put a legal pause on her own ruling.
Instead, she has decided to delay acting on Van Hollen's request for her to halt the same-sex marriage ceremonies.
Judge Crabb says she wants the ACLU to tell her exactly what it wanted her to block in the gay marriage law.
Crabb said on Monday she will take up the issue on June 19th.
Van Hollen has appealed Crabb's decision to the 7th U.S. Circuit Court of Appeals. Related to that case -- we learned late Monday both sides have until Wednesday, June 11th to file arguments with the 7th U.S. Circuit Court of Appeals.
Meanwhile, former Wisconsin Supreme Court Justice Janine Geske says it may be only a matter of time before same-sex marriage is temporarily halted in the state -- in an effort to get more legal clarity.
That effort could extend to the nation's highest court.
"Most of those have been stayed eventually -- either by the federal appellate or the U.S. Supreme Court. It's the kind of case the U.S. Supreme Court should take, and ultimately decide whether these state constitutional amendments are unconstitutional under the federal law," Geske said.
Until officials are provided guidance by another legal ruling, the Milwaukee County Courthouse will offer same-sex couples marriage licenses from open until close.