Van Hollen is defending the ban but has said he expects to lose. He asked U.S. District Judge Barbara Crabb last week to place any ruling striking the ban down on hold while he appeals the decision to the 7th Circuit Court of Appeals.
The ACLU filed a brief Friday arguing Van Hollen hasn’t shown he could win an appeal or that the state would suffer irreparable harm if a ruling erasing the ban takes effect.
The ACLU filed the lawsuit in February, alleging that Wisconsin’s ban violates the U.S. Constitution’s Equal Protection and due process, asserting the prohibition deprives gay couples of legal protections married couples enjoy simply because of their sex.
It also points out that gay couples who reside in Wisconsin can’t get married in another state and return to Wisconsin legally; a provision in state law declares that anyone who marries in another state to circumvent Wisconsin law can face up to $10,000 in fines and jail time.
Case archives: Wolf and Schumacher v. Walker.