MILWAUKEE, Wis. – Attorneys for the ACLU filed a motion asking Judge Barbara Crabb to vacate the stay she entered and allow marriages for same-sex couples to continue until the state appeals or decides an appeal is futile.

On June 6, Crabb issued an opinion striking down Wisconsin’s ban on marriage for same-sex couples. She also ordered that out-of-state marriages should be recognized. Governor Walker and the Attorney General sought a stay before that decision was issued, in the event the court ruled against them.

After County Clerks began issuing marriage licenses to same-sex couples, the Attorney General requested an emergency stay. On June 13, Judge Crabb issued a stay preventing the ruling from going into effect after the state indicated it would appeal. The state has 30 days from the date the judgment was entered to appeal, but it has not yet done so, leaving same-sex couples in the state in legal limbo.

“Obviously we’d all rather see Attorney General Van Hollen and Governor Walker not appeal,” said ACLU of Wisconsin Legal Director, Larry Dupuis.  “And the only reason Judge Crabb stayed her ruling was to allow for such an appeal.  Having delayed taking an appeal and even moving to dismiss his existing appeal, we believe the court should vacate the stay until such time as the Attorney General files a notice of appeal.”

The ACLU of Wisconsin is a non-profit, non-partisan, private organization whose 7,000 members support its efforts to defend the civil rights and liberties of all Wisconsin residents. For more on the ACLU of Wisconsin, visit our website, like us on Facebook or follow us on Twitter at @ACLUofWisconsin and@ACLUMadison.