Attorneys ask judge to toss gay marriage case - WKOW 27: Madison, WI Breaking News, Weather and Sports

Attorneys ask judge to toss gay marriage case

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MADISON (WKOW) -- Attorneys for the state Department of Justice (DOJ) filed a brief Thursday asking a federal judge to dismiss a lawsuit challenging the state's ban on gay marriage.

The lawsuit was filed by the American Civil Liberties Union on behalf of a group of gay couples. The suit claims the ban is unconstitutional and state law makes it a crime for gay couples who get married outside of Wisconsin to return to the state.

In their filing, attorneys for the DOJ asked U.S. District Judge Barbara Crabb to throw out the case. They contend the right to marry doesn't include the right to gay marriage. They also argue the ban does not nullify gay marriages performed out of state -- it simply doesn't recognize them -- and plaintiff couples who married out-of-state aren't in danger of being prosecuted.
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