UPDATE: U.S. Dist. Judge refuses to grant stay on same-sex marri - WKOW 27: Madison, WI Breaking News, Weather and Sports

UPDATE: U.S. Dist. Judge refuses to grant stay on same-sex marriage ban

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MADISON (WKOW) -- Terri Pepper and her partner Rachel Avery rejoiced outside the federal courthouse in Madison Monday after a Judge Barbara Crabb refused to stay or even clarify her order from Friday that ruled the state's same-sex marriage ban unconstitutional.

"We're pretty excited, we just got our license a few minutes ago and we're renewing our vows and having our civil ceremony on Sunday," said Pepper.

Judge Crabb held a short hearing on an emergency motion to stay filed by attorneys for the Wisconsin Department of Justice, who hoped to put a stop to county clerks that began issuing marriage licenses to same-sex couples shortly after her initial ruling.  But Crabb denied the state's request, saying she could only order a stay if she had made a final ruling.  Crabb said Friday's ruling was simply a declaratory order and she won't issue a final ruling until she finds out what the plaintiffs challenging the ban want in the form of injunctive relief.

"The status quo is what she ordered before which is no order to any particular defendant," said Larry Dupuis, Legal Director for the ACLU of Wisconsin, which filed the challenge on behalf of eight same-sex couples.

"So, once she struck down the constitutional ban and the statutes that were related to it, I would have nothing to cite to a couple that came to my office to say why they can't get married," said Scott McDonell, Dane County Clerk, who began issuing marriage licenses moments after Friday's ruling.  McDonell says he will continue to issue licenses until a judge tells him to stop.

Speaking to 27 News before Monday's hearing, Attorney General J.B. Van Hollen said the clerks issuing licenses to same-sex couples simply have it wrong.

"In the juris prudence community, if you don't issue an injunction or give an order otherwise, even though you've found a law unconstitutional, it stands through the appeals, even if its not stayed," said Van Hollen. "So, we think the law is quite clear."

Van Hollen issued a statement to the the same effect after the hearing, saying the ban was still in effect and that county clerks should follow it.
 
In an attempt to go above Judge Crabb, Van Hollen also filed a motion to stay with the 7th District Court of Appeals in Chicago.  But Judge Crabb told DOJ attorneys in the hearing that an appeals court has no jurisdiction until she issues a final ruling.

"The general rule is until you have a final judgement, there is no jurisdiction in the Court of Appeals.  And, there is no final judgement here," said Dupuis.

The earliest that final ruling could come now is June 19th.  That's when Judge Crabb scheduled a hearing to hear the plaintiff's motion for injunctive relief and the state's response to it.

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MADISON (WKOW) -- At a 1:00 hearing Monday afternoon, U.S. District Judge Barbara Crabb refuses to grant a stay on Friday's declaratory order on the same-sex marriage ban.

Today's hearing was in response to an emergency request filed Friday night from Republican Attorney General J.B. Van Hollen.

Crabb says, since she has not issued any injunctive relief, she cannot issue a stay.

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MADISON (WKOW) -- U.S. District Judge Barbara Crabb will hold a 1:00 p.m. hearing on Attorney General J.B. Van Hollen's emergency motion to stay her ruling from Friday that overturned Wisconsin's same-sex marriage ban.

That ruling has led to more than ten Wisconsin counties issuing marriage licenses to same-sex couples and hundreds of same-sex weddings.


Van Hollen contends that Judge Crabb's order did not immediately strike down the law and he is seeking to have her clarify that point. 


Dozens of other county clerks in Wisconsin say they are waiting on official direction from the state Office of Vital Statistics before issuing marriage licenses for same-sex couples.  A spokesperson for the Department of Health Services, which oversees Vital Statistics, says they have not issued any guidance to clerks because they are also waiting for guidance from Van Hollen's Department of Justice.


Van Hollen has also filed an appeal of Judge Crabb's order with the U.S. 7th District Court of Appeals in Chicago, which could also stay her ruling Monday.


Capitol Bureau Chief Greg Neumann will be at today's hearing and will have more on this story on 27 News at 5 and 6.

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MADISON, Wis. (AP) -- A federal judge has scheduled a hearing on the Wisconsin attorney general's request to put gay marriages on hold in the state.

U.S. District Judge Barbara Crabb scheduled the hearing for 1 p.m. Monday. It's in response to an emergency request filed Friday night from Republican Attorney General J.B. Van Hollen.

Crabb ruled Friday that the state's ban on same-sex marriages is unconstitutional, leading clerks in Milwaukee and Madison to start issuing licenses to gay couples.

But Van Hollen believes that is premature given that Crabb's ruling didn't specifically tell county and state officials whether they could issue licenses.

Van Hollen is also expected to seek an emergency stay of Crabb's order in federal appeals court.

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Information from: WLUK-TV, http://www.fox11online.com

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