MADISON (WKOW) -- U.S. Judge Barbara Crabb will hear arguments on the plaintiffs' proposal for injunctive relief from Wisconsin's same-sex marriage ban at 1:00 p.m. on Friday. She announced she was moving up the hearing Wednesday afternoon, because both parties in the case had gotten her their materials on the injunction to her so quickly.
If Judge Crabb makes a final ruling and grants injunctive relief to the eight same-sex couples who filed the lawsuit on Friday, she could then also stay that ruling, effectively putting the ban back in place. But if Judge Crabb grants the injunction and denies Attorney General J.B. Van Hollen's request for a stay, it would put the case in the hands of the U.S. 7th District Court of Appeals.
Van Hollen has already requested the Court of Appeals to issue a stay of Judge Crabb's original declaratory order from last Friday, but it is unclear if that three-judge panel has jurisdiction in the case, since Judge Crabb has yet to issue a final ruling. Judge Crabb believes it is unlikely the Court of Appeals will take the case until she makes her final ruling.
The appellate judges have issued a deadline of 5:00 p.m. Wednesday for attorneys from both sides to file briefs to argue whether or not they have jurisdiction at this time.
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