Sat. June 14, 2014
Madison, WI -
A week after she declared Wisconsin's ban on gay marriage invalid – opening the door for weddings to start – a federal judge has brought same-sex nuptials in the state to a halt, at least temporarily.
U.S. District Judge Barbara Crabb last week struck down Wisconsin's 2006 voter-approved constitutional amendment limiting marriage to heterosexual couples, but did not order the state to begin issuing marriage licenses to gay and lesbian couples, leaving county clerks to decide on their own whether to continue implementing the ban.
After holding a 30-minute hearing Friday, Crabb ordered clerks to begin issuing licenses to gay couples, but put her decision on hold pending an appeal.
"I conclude that Herbert v. Kitchen compels me to stay the injunction," she said in her order, a reference to a December ruling stayed by the U.S. Supreme Court that knocked down Utah's ban.
But Crabb made it clear that her heart felt differently.
"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. 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," she said.
Republican Governor Scott Walker told WISN 12 NEWS that the roughly 555 marriages that have already taken place in the state would remain valid. Republican governors in other states, Utah and Michigan included, have decided the issue differently, refusing to recognize unions which took place before decisions striking down similar marriage bans were put on hold.
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