Federal appeals court wants briefs in Wis. same-sex marriage stay request

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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Republican Attorney General J.B. Van Hollen has asked the 7th Circuit Court of Appeals to halt the marriages while he appeals.

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.