Federal Judge Overturns State Ban On Same-Sex Marriage

A federal judge overturned Wisconsin’s constitutional ban on same-sex marriage on Friday afternoon.

In her decision, U.S. District Judge Barbara Crabb ruled that Wisconsin’s ban on same-sex marriage is unconstitutional, saying that gay couples are entitled to the same treatment as any heterosexual couple. She cited a number of U.S. Supreme Court cases in her decision, including U.S. v. Windsor, which rendered the federal Defense of Marriage Act was unconstitutional.

Wrote Crabb:

Because my review of (the 14th Amendment) convinces me that plaintiffs are entitled to the same treatment as any heterosexual couple, I conclude that the Wisconsin laws banning marriage between same-sex couples are unconstitutional.

Attorney Larry Dupuis of the Wisconsin American Civil Liberties Union, which brought the lawsuit, said the ACLU was “tremendously happy that these loving and committed couples will now be able to access the security and recognition that only marriage provides.”

Crabb did not immediately issue an injunction blocking Wisconsin’s gay marriage ban from being enforced. She gave the ACLU until June 16 to come back to her with a proposed order on what pieces of state law they want blocked.

Attorney General J.B. Van Hollen, who defended the gay marriage ban in court, said he was encouraged by that part of Crabb’s decision. He has promised he will file an appeal.

Van Hollen also filed a motion with the same federal court for a stay on Crabb’s order, and has requested an emergency phone conference with the judge to make the case for a stay. In his motion, he says it’s needed because there are county clerks who are already distributing marriage licenses, which Van Hollen said would “throw those couples who marry into legal limbo depending on further developments in the case.”

Clerks are indeed already issuing marriage licenses to same-sex couples in Dane and Milwaukee counties. Milwaukee County Executive Chris Abele said he would keep the courthouse there open until 9 p.m. on Friday evening to allow couples to marry. He said he will personally pay for any overtime costs associated with keeping the courthouse open.

The decision is the latest in a recent slew of rulings across the country overturning state bans on gay marriage.

Editor’s Note: This story is being updated as new information is learned.