Judge refuses to grant stay in overturning same sex marriage ban - WXOW News 19 La Crosse, WI – News, Weather and Sports |

Judge refuses to grant stay in overturning same sex marriage ban.

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MADISON, Wis. (WXOW) -Monday afternoon U.S. District Judge Barbara Crabb refused to grant a stay on Friday's declaratory order on the same-sex marriage ban.

The hearing was in response to an emergency request filed Friday night from Republican Attorney General J.B. Van Hollen. He asked her to clarify her ruling. Van Hollen contended the Judge Crabb's order didn't immediately strike down the law.

Crabb says since she has not issued any injunctive relief, she cannot issue a stay.

Van Hollen has also filed an appeal of Judge Crabb's order with the U.S. 7th District Court of Appeals in Chicago, which could also stay her ruling.

Judge Crabb also says because she hasn't issued injunctive relief yet, the Court of Appeals has no jurisdiction to order a stay.

According to our Capitol Bureau reporter, Greg Newmann, the ACLU of Wisconsin will submit its request for injunctive relief Monday afternoon. Judge Crabb set a tentative date of June 19 to hear the ACLU's request.

Dozens of other county clerks in Wisconsin say they are waiting on official direction from the state Office of Vital Statistics before issuing marriage licenses for same-sex couples.  A spokesperson for the Department of Health Services, which oversees Vital Statistics, says they have not issued any guidance to clerks because they are also waiting for guidance from Van Hollen's Department of Justice.

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