Wisconsin gay marriages continue amid court fight

Madison, Wis. (AP) — Gay marriages are continuing in a majority of Wisconsin counties, even as those defending the state's ban are proceeding with legal action that could result in courts ordering the marriages to stop.

Before today, the state’s Vital Records Office said it was holding the licenses of same-sex couples who have married, but not processing them, because they were awaiting guidance from Attorney General J. B. Van Hollen.

A county clerk say that doesn’t matter. Gay marriage licenses issued by county clerks are legal even if the state Vital Records Office is not processing them.

Dane County Clerk Scott McDonell said Wednesday that a couple is married as soon as a license is issued and a ceremony is held. He says filing the license with the state is essentially a redundancy, as the record is also available at the county.

Today, the Office of Vital Records began processing same-sex marriage licenses issued across the state, even as the attorney general continues to fight the court ruling that led to the marriages.

Jocelyn Webster, a spokeswoman for Gov. Scott Walker, said Wednesday that after discussing the issue with Van Hollen's office, the decision was made to process the licenses. She said, "It's incumbent upon them to fulfill their administrative duties and that's what they're going to do in this case."

Van Hollen and the American Civil Liberties Union faced a Wednesday deadline to file arguments in the 7th Circuit Court of Appeals on whether it has the authority to act before U.S. District Judge Barbara Crabb does.

While Crabb struck down the ban, she did not issue an order telling the state how to implement her decision.

Van Hollen asked Judge Crabb to issue her final ruling without any additional hearing or argument. He also reiterated his request to Crabb that she put her ruling on hold pending his planned appeal, a move that that would put an end to gay marriages in the state for now.

The state argues for the stay because, according to Van Hollen, the ruling is creating confusion. Some county clerks are not issuing licenses, saying they need more guidance. Van Hollen says that the current law remains in force because the judge has not issued an order to implement the ruling.

Hundreds of same-sex couples have been issued licenses across the state.

Compiled from AP stories.

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The Gayly – June 11, 2014 @ 12:40pm