Wisconsin Attorney General J.B. Van Hollen asks 7th Circuit to “enter an order immediately staying” part of Friday’s marriage ruling. [ Update: Trial judge denies emergency stay request, but also says that clerks are not issuing licenses under her authority. ]
Via doj.state.wi.us
WASHINGTON — As same-sex couples continue to marry in some Wisconsin counties, the state's attorney general has gone to a federal appeals court asking the court to put an immediate stop to the marriages.
After the Friday decision from U.S. District Court Judge Barbara Crabb striking down the state's ban on same-sex couples' marriages, officials in Dane and Milwaukee counties began allowing such couples to marry. This despite the fact the Wisconsin Attorney General J.B. Van Hollen said that even after the ruling "current law remains in force" as Crabb had not yet issued an injunction stopping enforcement of the ban.
After marriages were conducted Friday and Saturday with no action from Crabb on the state's emergency motion for a temporary stay, Crabb on Monday morning called for a 1 p.m. Central Time hearing on the motion.
Despite the hearing notice, Van Hollen then filed a notice of appeal in the trial court and then filed an "emergency motion for a temporary immediate stay from the relief granted" by Crabb's opinion and order on Friday.
As of 1 p.m. Central Time, 16 counties were issuing marriage licenses to same-sex couples, according to the Milwaukee Journal Sentinel.
From the Wisconsin attorney general's filing:
