ACLU of Wisconsin asks judge to lift stay and allow same-sex marriages

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The American Civil Liberties Union and ACLU of Wisconsin filed a motion on July 3 asking U.S. District Judge Barbara Crabb to vacate the stay she entered in June. The ACLU said that would allow marriages for same-sex couples to continue "until the state appeals or decides an appeal is futile."

Crabb, on June 6, issued a ruling striking down Wisconsin's constitutional amendment banning same-sex couples from marrying and also finding that the state should recognize out-of-state same-sex marriages.

From the evening of June 6 through June 13, same-sex couples applied for and in many cases received marriage licenses.

During that time, Wisconsin Attorney General J.B. Van Hollen sought a stay of the opinion because the state planned to appeal.

On June 13, Crabb issued a stay preventing the ruling from going into effect based on Van Hollen's argument that the state would appeal.

But, as of July 3, the state has not entered its appeal.

The ACLU, in a news release on July 3, said same-sex couples in Wisconsin are in "legal limbo."

"Obviously we'd all rather see Attorney General Van Hollen and Governor Walker not appeal,” said ACLU of Wisconsin legal director Larry Dupuis in a news release.  “And the only reason Judge Crabb stayed her ruling was to allow for such an appeal.  Having delayed taking an appeal and even moving to dismiss his existing appeal, we believe the court should vacate the stay until such time as the Attorney General files a notice of appeal.”