ACLU will not pursue injunction in Wisconsin marriage case

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Expect a fast track for Wisconsin's marriage equality case.

The American Civil Liberties Union of Wisconsin agreed this week not to ask a federal judge for an injunction against enforcement of Wisconsin's anti-gay marriage amendment and laws. The U.S. District judge had indicated she wanted the ACLU to withdraw that request and that she would expedite a decision in the lawsuit.

The state and national ACLU, with the support of a Wisconsin firm, are representing eight same-sex couples demanding marriage equality in Wisconsin, where there is a voter-approved constitutional amendment defining marriage as the union of a man and a woman and a law that could lead to punishment for same-sex couples who go out of state to marry.

The ACLU had filed a motion asking U.S. District Judge Barbara Crabb to issue a temporary injunction against enforcement of the anti-gay measures while the case made its way through the court process. Two of the couples in the lawsuit married in Minnesota and could be prosecuted.

But Crabb suggested instead that the equality case, which raises constitutional issues, be put on an expedited track to a decision.

And, according to a Wisconsin State Journal report, the ACLU can support that since district attorneys in Milwaukee and Eau Claire counties have agreed not to prosecute the plaintiffs who married out of state.

A memorandum filed by the ACLU this week said, "Accordingly, plaintiffs withdraw their motion for preliminary relief in favor of final resolution on an expedited schedule as the court has recommended."