ACLU asks Judge Crabb to vacate stay of same-sex marriage ruling - WKOW 27: Madison, WI Breaking News, Weather and Sports

ACLU asks Judge Crabb to vacate stay of same-sex marriage ruling

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MADISON (WKOW) -- Attorneys for the ACLU of Wisconsin filed a motion Thursday asking Judge Barbara Crabb to vacate the stay of her ruling that overturned Wisconsin's same-sex marriage ban, because the state has yet to file an appeal of the ruling.

The ACLU argues that same-sex marriages should be allowed to continue until the state actually appeals or decides an appeal is futile.

On June 6, Judge Crabb ruled the state's ban is unconstitutional and also said the state should recognize legal same-sex marriages performed out-of-state.  Judge Crabb then stayed that ruling on June 13th, saying that she had to follow precedent put forth by the U.S. Supreme Court in similar cases.

That gave Attorney General J.B. Van Hollen (R-Wisconsin) 30 days to file an appeal of the ruling, something he has yet to do.

"We will abide by all rules in filing our appeal," said Dana Brueck, spokesperson for the Wisconsin Department of Justice.  "The ACLU's impatience with our timing will not be a factor."

"Obviously we'd all rather see Attorney General Van Hollen and Gov. Walker not appeal," said ACLU of Wisconsin Legal Director Larry Dupuis.  "And the only reason Judge Crabb stayed her ruling was to allow for such an appeal.  Having delayed taking an appeal and even moving to dismiss his existing appeal, we believe the court should vacate the stay until such time as the Attorney General files a notice of appeal."
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