Judge expected to issue final same sex marriage ruling Friday af - WXOW News 19 La Crosse, WI – News, Weather and Sports |

Judge expected to issue final same sex marriage ruling Friday afternoon

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MADISON (WKOW) -- A federal judge who struck down Wisconsin's same-sex marriage ban as unconstitutional last Friday is now writing her final order of injunctive relief for the eight plaintiff couples who filed a lawsuit challenging the ban.

Judge Barbara Crabb held a 45 minute hearing on the injunction proposal entered by the ACLU attorneys representing the plaintiffs Friday afternoon, saying she would issue her final ruling "probably today."

Judge Crabb indicated the injunctive relief order would likely include a provision requiring all Wisconsin county clerks to issue marriage licenses to same-sex couples.  But Judge Crabb indicated she would not prevent state authorities from prosecuting clerks that have already been issuing licenses to same-sex couples, because she didn't authorize that in her original declaratory order.

Judge Crabb also indicated she would include language in the order to prevent Gov. Scott Walker and Attorney General J.B. Van Hollen from interfering with those provisions in any way, but expressed concern over requiring them to perform any specific actions.

It is also likely Judge Crabb will issue an immediate stay of her ruling.  She indicated that the Supreme Court of the United States has made it clear they will issue a stay if she does not.


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MADISON, Wis. (AP) - A federal judge who last week struck down Wisconsin's ban on same-sex marriage as unconstitutional is considering what steps to take next. U.S. District Judge Barbara Crabb held a hearing Friday on the American Civil Liberties Union's proposal to require state officials to let gay couples marry and to recognize same-sex marriages performed in other states.

Attorney General J.B. Van Hollen is objecting and also wants Crabb to put any ruling on hold while he pursues an appeal.

Both sides made arguments before Crabb on Friday, but the judge made no immediate ruling. Crabb said she would "probably" issue her written decision later in the day.

If she puts her ruling on hold, gay marriages would stop. If she does not, they could continue until a higher court takes action.

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