Judge Says She Will Issue Final Order On Gay Marriage Ban By End Of Day

Judge Barbara Crabb Indicates She'll Likely Put Stay On Order

Above, the Robert W. Kastenmeier U.S. Courthouse in Madison. Photo: Janet and Phil (CC-BY-NC-ND).

Update: U.S. District Judge Barbara Crabb has issued a final order that strikes down Wisconsin’s ban on same-sex marriage, but she has also put a stay on that order. Read more here.

U.S. District Judge Barbara Crabb said she will issue a final order before the end of the day on Friday in the challenge to the state’s same-sex marriage ban.

During arguments on the case in Madison on Friday, Crabb suggested it’s likely she will impose a stay on whatever order she enters. If Crabb grants a stay, it would block county clerks in the state from issuing any more marriage licenses to same-sex couples. Clerks have already issued hundreds of licenses since Crabb’s ruling last Friday that declared the state’s ban was unconstitutional.

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American Civil Liberties Union attorney John Knight told reporters he’s confident that Crabb is carefully crafting her final order in favor of recognizing same-sex unions. He said that will help his side when her ruling is taken up by the 7th Circuit Court of Appeals in Chicago.

“We trust her judgment and her effort to follow the law, and she’s doing her job to make sure this stands up on appeal and that’s great,” said Knight.

Dane County Corporation Counsel David Gault urged the judge not to stay her ruling because he believes the state will not be able to convince a higher court that the marriage ban is constitutional.

“Every case that’s coming down shows the state going to lose … so they shouldn’t have a stay,” said Gault.

In court, Crabb said she is the lowest rung in the federal court system and cited recent rulings striking down gay marriage bans in other states where either an appeals court or the U.S. Supreme Court has imposed a stay until all appeals are exhausted.