MADISON, Wis. — It looks like a federal appeals court won’t rule on whether to halt same-sex marriages in Wisconsin until at least Wednesday.
U.S. District Judge Barbara Crabb struck down Wisconsin’s same-sex marriage ban Friday in an American Civil Liberties lawsuit. She declared the ban unconstitutional but stopped short of ordering clerks to issue marriage licenses to same-sex couples, saying she wants a draft ACLU order on how it wants the decision implemented.
County clerks across the state have started issuing licenses anyway.
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The appellate court on Monday gave the state and ACLU until 5 p.m. Wednesday to file briefs on whether the court has jurisdiction in the case.
Late Monday, the American Civil Liberties said it has filed its proposal for a court order to Crabb. Its proposal would require state officials to let same-sex couples marry and to recognize gay marriages performed in other states.
The next likely step is for Crabb to hold a hearing on the proposal.
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