Judge halts same-sex marriages in Wisconsin

A federal court has stayed same-sex marriages taking place in Wisconsin (Photo by Bigstock).

A federal judge has agreed to halt same-sex marriages taking place in Wisconsin in the same order in which she spells out the injunction for an earlier ruling against the state’s marriage law.

In a 14-page order handed down on Friday, U.S. District Judge Barbara Crabb issued the stay pending appeal in response to an emergency request to halt the weddings by Wisconsin Attorney J.B. Van Hollen.

“IT IS ORDERED that defendants’ motion to stay all relief in this case…is GRANTED,” Crabb writes. “The injunction and the declaration shall take effect after the conclusion of any appeals or after the expiration of the deadline for filing an appeal, whichever is later.”

Last week, Crabb ruled the 2006 ban on same-sex marriage in Wisconsin violated the Fourteenth Amendment of the U.S. Constitution. However, she included neither an injunction, nor a stay as part of her decision.

Even without an injunction, as many as 15 counties began granting marriage licenses to same-sex couples, much to the chagrin of Van Hollen, who insisted the ban was still in effect.

In a statement, Van Hollen crowed over the judge’s decision to halt any further same-sex marriage from taking place within the state.

“I am very pleased that Judge Crabb has followed the lead of courts across the country, including the United States Supreme Court, and fully stayed her ruling,” Van Hollen said. “By staying this ruling, she has confirmed that Wisconsin’s law regarding same-sex marriage remains in full force and effect.”

On Monday, Crabb rebuffed an earlier request for a stay, saying she would decide the issue after all parties in the case submitted proposed injunctions in the aftermath of the ruling.

Van Hollen has appealed the case to the U.S. Seventh Circuit of Appeals, which is now one of six federal appeals courts considering the issue of marriage equality.

Now that the stay is in effect, a situation is created in Wisconsin along the lines of what happened in Utah and Michigan, where questions linger about whether the same-sex marriages in the state will be recognized by the states and the federal government. In both cases, state officials determined they wouldn’t grant benefits same-sex couples married in those states, although U.S. Attorney General Eric Holder determined they would be valid in the eyes of the federal government.

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Wisconsin Gay Marriages Halted By Federal Judge Who Struck Down Ban
MADISON, Wis. (AP) — A federal judge on Friday put same-sex marriages in Wisconsin on hold, a week after she struck down the state’s same-sex marriage ban as unconstitutional, a move that allowed more than 500 couples to wed over the last eight days.

U.S. District Judge Barbara Crabb’s ruling Friday means that gay marriages will end while the appeal from Republican Attorney General J.B. Van Hollen is pending. Couples who were in the middle of the five-day waiting period to get a license, which most counties waived, are caught in limbo. Van Hollen requested Crabb put her ruling on hold, arguing that allowing the marriages while the underlying case was pending created confusion about the legality of those marriages.

In her order, Crabb expressed mixed feelings.

“After seeing the expressions of joy on the faces of so many newly wedded couples featured in media reports, I find it difficult to impose a stay on the event that is responsible for eliciting that emotion, even if the stay is only temporary,” Crabb said in her order. “Same-sex couples have waited many years to receive equal treatment under the law, so it is understandable that they do not want to wait any longer. However, a federal district court is required to follow the guidance provided by the Supreme Court.”

The ruling came exactly one week after Crabb declared the state’s ban on gay marriage unconstitutional. But Crabb didn’t issue any orders on how state officials were to implement her decision, and amid the uncertainty, nearly every Wisconsin county — 60 of 72 — issued licenses.

Crabb issued an order preventing clerks from denying same-sex couples marriage licenses, but then put that on hold as well as her earlier ruling striking down the law as unconstitutional.

John Knight, attorney for the American Civil Liberties Union, which challenged the law, called Crabb’s decision to put her order on hold disappointing.

“But we will fight for a quick resolution on appeal and are confident that marriage will be a reality in Wisconsin very soon for lesbian and gay couples who have waited much too long already,” he said in an email.

Van Hollen said he was “very pleased” with the ruling.

“County clerks do not have authority under Wisconsin law to issue same-sex marriage licenses,” he said in a statement. “Judge Crabb’s stay makes this abundantly clear.”

Van Hollen said he will appeal her ruling striking down the law to the 7th U.S. Circuit Court.

Allen Rasmussen, 46, and Keith Kitsembel, 49, who have been together for 14 years, asked the Portage County clerk nine times since Monday to get a marriage license.

“I think it’s ridiculous,” Kitsembel said after the ruling Friday. “I furthermore am very, very, very disappointed in our county clerk in Portage County. We had a small window of opportunity to get married, and she refused to grant us a license nine times in five days.”

They were part of a silent protest Friday outside the Portage County courthouse.

As of midday Thursday, 555 same-sex couples had gotten married in the state, based on an Associated Press survey of all 72 counties.

Van Hollen said Thursday that same-sex couples with marriage licenses aren’t legally married because Crabb hasn’t issued an order telling county clerks how to interpret her ruling striking down the law. Van Hollen also said district attorneys could charge clerks who issued licenses with a crime.

Crabb reiterated in Friday’s 30-minute hearing that clerks were issuing licenses to same-sex couples on their own.

“I never told them not to and I never told them to do it,” Crabb said.

The ACLU and others say because Crabb found the law unconstitutional, and didn’t order clerks not to issue licenses, they could legally give them to couples seeking to get married.

Crabb’s order did not address whether same-sex marriages completed over the past week are valid.

Wisconsin’s constitutional amendment, approved by 59 percent of voters in 2006, outlawed gay marriage or anything substantially similar. The ACLU said the ban violated the constitutional rights of eight gay couples to equal protection and due process and Crabb agreed.

Gay rights activists have won 15 consecutive lower court cases since a landmark Supreme Court ruling last summer, with Wisconsin being the latest.

Wisconsin is among 13 states with gay marriage cases pending before appeals courts.

_____

Associated Press writer Carrie Antlfinger contributed to this report from Milwaukee.

www.huffingtonpost.com/2014/06/13/wisconsin-gay-marriages-halted_n_5493690.html?utm_hp_ref=gay-voices&ir=Gay+Voices

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