Wisconsin Attorney General J.B. Van Hollen is asking a federal judge to stay any ruling she may make that would overturn Wisconsin’s gay marriage ban until he can an appeal her ruling.
In a motion filed today, Van Hollen says he’s worried that if the ban is overturned, there will be chaos and confusion at county clerks offices when gay couples start applying for marriage licenses.
John Knight, the ACLU attorney representing the couples challenging Wisconsin’s same-sex marriage ban, says people getting married doesn’t qualify as chaos.
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“(The motion) really is an effort to make sure that not one same-sex couple gets married in Wisconsin, no matter how many years they’ve been together, no matter how important it is for them and their children,” said Knight. “If people get married, it’s not going to create confusion and it’s not going to hurt the state.”
The ACLU has asked Judge Barbara Crabb for summary judgment overturning the marriage ban. Knight says Van Hollen’s request for an immediate stay even before a ruling has been made indicates the state doesn’t have a strong defense for the constitutional amendment.
A trial is scheduled for late August, but Crabb could rule at any time based on the written record so far.
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