Judge limits lawsuit to officials who are blocking plaintiffs’ access to marriage

MADISON, Wis. — A federal judge has dismissed three defendants from the American Civil Liberties Union’s lawsuit challenging Wisconsin’s ban on same-sex marriage.

U.S. District Judge Barbara Crabb dismissed the district attorneys in Eau Claire and Milwaukee counties, a move the ACLU did not oppose. Crabb says the case should be limited to public officials who are blocking the plaintiffs’ access to marriage.

Eight same-sex couples filed the lawsuit in February, arguing the marriage ban denies them the civil rights that married couples enjoy.

The State Journal reports that Crabb also dismissed state revenue Secretary Rick Chandler because the plaintiffs have failed to show that he has any authority to decide whether same-sex couples can marry or receive tax benefits of married couples.

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Gov. Scott Walker and Attorney General J.B. Van Hollen are among defendants remaining in the case.

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Last month, Crabb denied a motion by the state to stay the case until the Wisconsin Supreme Court rules on the domestic partner registry, saying a delay would serve no purpose, and that the domestic partner registry has no relation to the constitutionality of Wisconsin’s gay marriage ban.

Follow this case: Wolf and Schumacher v. Walker