14-2266 #14

8/12/2019 14-2266 #14

1/53

1

No. 14-2266

IN THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Virginia Wolf, et al.

Plaintiffs-Appellees,

v.

Scott Walker, et al.

Defendants-Appellants.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT, WESTERN

DISTRICT OF WISCONSIN, CASE NO. 14-CV-64,

THE HONORABLE BARBARA B. CRABB, PRESIDING

STATE DEFENDANTS-APPELLANTSMEMORANDUM ADDRESSING JURISDICTION

This Court has jurisdiction over State Defendants appeal of the district

courts constructive denial of their Contingent Motion to Stay because their

appeal raises issues separate from the underlying merits that will be

effectively unreviewable on final review. As a result, this Court has

jurisdiction under the collateral order doctrine pursuant to 28 U.S.C. 1291.

Defendants-Appellants Scott Walker, J.B. Van Hollen, and Oskar Anderson

(collectively, State Defendants), pursuant to this Courts June 9, 2014 order

Case: 14-2266 Document: 14-1 Filed: 06/11/2014 Pages: 16 (1 of

8/12/2019 14-2266 #14

2/53

2

(7th Circ. ECF 4), hereby submit this memorandum addressing whether this

Court has jurisdiction over this appeal.

In State Defendants Contingent Motion to Stay, filed on May 23, 2014

(ECF 114, 115, 116), State Defendants requested that any relief granted

[by the district court] be immediately stayed at the time it is ordered to

preserve the status quo for when an appeal is filed. (ECF 114:2.) The

district court, in its June 6, 2014, Opinion and Order, granted Plaintiffs

motion for summary judgment and entered an order declaring

unconstitutional certain provisions of the Wisconsin Constitution and

Wisconsin Statutes. (ECF 118:87, 3.) The district court, however, declined

to address the Contingent Motion to Stay until afterthe parties fully briefed

the scope of any injunction order. (Id., at 4.)

Following the June 6, 2014, Opinion and Order, hundreds of same-sex

couples have obtained marriage licenses and married notwithstanding

Wis. Const. art. XIII, 13 (the Marriage Amendment) that prohibits this.

Moreover, the laws are being applied in an uneven, haphazard manner.

Some counties are issuing marriage licenses to same-sex couples while others

are not. This uncertainty, confusion, and uneven application of state laws is

precisely what State Defendants sought to avoid in their Contingent Motion

to Stay.


8/12/2019 14-2266 #14

3/53

3

INTRODUCTION

The district courts June 6, 2014, Opinion and Order (ECF 118) is a

final adjudication of some, but not all, claims in this case. The district court

granted Plaintiffs motion for summary judgment and entered an order

declaring that the Marriage Amendment and certain provisions of the

Wisconsin Statutes restricting the legal status of marriage to opposite-sex

couples violate the substantive due process and equal protection rights of

same-sex couples under the Fourteenth Amendment to the United States

Constitution. (ECF 118:87, 2-3.) That declaration has the force and effect

of a final judgment as to the rights and legal relations of the parties

regarding the constitutionality of the challenged provisions of Wisconsin law.

28 U.S.C. 2201(a). Nonetheless, the district court expressly refrained from

issuing any of the injunctive relief Plaintiffs requested, instead issuing a

briefing schedule for further proceedings regarding the scope of proposed

injunctive relief. (ECF 118:87, 4.)

Immediately following the district courts June 6, 2014, Opinion and

Order, hundreds of same-sex couples began seeking marriage licenses and

were married.

On June 9, 2014, the district court held a motion hearing regarding

State Defendants Emergency Motion to Stay (ECF 119) and denied the

motion. (ECF 125). Among other things, the district court stated that if any


8/12/2019 14-2266 #14

4/53

4

county clerks issued marriage licenses to same-sex couples, they did not do so

at the courts behest:

They may have acted and they may have acted in response, but they

did not act because I told them they could. I never -- I never saidanything about whether any county clerk could go forward with issuing

a marriage license. That hasn't been decided.

(See Samuelson Declaration (Decl.) at 5, Ex. C, 11:19-23.)

The district court stated that it would likely stay the proceedings:

I think it would be remiss of me not to say that I anticipate that there

will be a stay in this case simply because that's what every federal

court has done in similar situations and similar rulings. And then withthe one exception of the Oregon case in which there was no opposition,

the Supreme Court has stepped in and issued stays. So I think that's

pretty much a fact of life.

(See Decl. at 5, Ex. C, 18:11-19:3)

The June 9, 2014 hearing resulted in even more uncertainty. (See Decl.

3-4, Ex. A, B.) After the hearing, for example, different media sources

reported opposite results. Compare Decl. 3, Ex. A (Judge . . . says she

didnt authorize weddings) with 4, Ex. B (Federal judge declines to stop

gay marriages in Wisconsin). The Wisconsin State Journal stated that:

Dane County Clerk Scott McDonell, who has been issuing marriage

licenses to same-sex couples since Friday, said it means that clerks can

continue to carry on as they are now, because Crabbs ruling on Friday

declaring the law to be unconstitutional means that it is no longer ineffect.


8/12/2019 14-2266 #14

5/53

5

(Decl. 3, Ex. A.) And some, but not all, counties continued to issue

marriage licenses to same-sex couples. The ability to obtain a marriage

license thus depends on ones residence.

Pursuant to the district courts June 6, 2014, opinion and order, Plaintiffs

submitted their proposed permanent injunction on June 9, 2014 (ECF 126,

126-1) and State Defendants filed their response on June 11, 2014 (ECF 128.)

As of this filing, the district court has not ordered injunctive relief, a

final judgment, or ruled on State Defendants Contingent Motion to Stay.

The district court has scheduled a hearing on the injunction for June 13, 2014

at 1:00 p.m.; it has not further addressed the status of State Defendants

Contingent Motion to Stay, which remains effectively denied.

JURISDICTIONAL ARGUMENT

I. This Court Has Jurisdiction Under 28 U.S.C. 1291 and theCollateral Order Doctrine.State Defendants Contingent Motion to Stay, which had been filed on

May 23, 2014, asked the district court to immediatelystay any order granting

Plaintiffs motion for summary judgment, in whole or in part, to preserve the

status quofor appeal. (ECF 114.) By declaring the rights and legal relations

of the parties as to the constitutionality of the challenged provisions of

Wisconsin law while indefinitely postponing a decision on State Defendants

Contingent Motion to Stay, the district court effectively denied State


8/12/2019 14-2266 #14

6/53

6

Defendants request for an immediate stay of any order granting Plaintiffs

motion for summary judgment.

The subject of the present appeal is that constructive denial of the State

Defendants request for an immediate stay that would effectively preserve the

legal status quo in Wisconsin and prevent the introduction of uncertainty,

inconsistency, and confusion into state marriage law. Plaintiffs request for

injunctive relief remains pending before the district court, as does that courts

further consideration of State Defendants Contingent Motion to Stay.

Although some claims remain for disposition in the district court, the

Seventh Circuit has jurisdiction over the present appeal under

28 U.S.C. 1291 and the collateral order doctrine. See Cohen v. Beneficial

Indus. Loan Corp., 337 U.S. 541, 546 (7th Cir. 1949). Collateral order review

is based on a practical construction of the final judgment requirement

embodied in 28 U.S.C. 1291. See Ott v. City of Milwaukee, 682 F.3d 552,

554 (7th Cir. 2012). The doctrine permits an immediate appeal under

28 U.S.C. 1291 of an interlocutory decision if: (1) the decision conclusively

determines an important issue; (2) that issue is collateral to the merits of the

action; (3) the issue would be effectively unreviewable if immediate appeal

were not available; and (4) the appellant is threatened with irreparable harm

if an appeal is not permitted. Midland Asphalt Corp. v. United States, 489

U.S. 794, 799 (1989); Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 (1978);


8/12/2019 14-2266 #14

7/53

7

Cohen, 337 U.S. at 546; United States v. Michelles Lounge, 39 F.3d 684, 692-

93 (7th Cir. 1994).

The district courts constructive denial of State Defendants request for an

immediate stay of its order to preserve the status quo pending appeal

satisfies the four requirements of the collateral order doctrine.

First, the district courts action has conclusively determined the important

issue of whether the legal status quo in Wisconsin should be preserved

pending an appeal on the merits of the case. Although the district courts

Opinion and Order of June 6, 2014, purported to hold in abeyance a decision

on State Defendants Contingent Motion to Stay, the courts action of

declaring the challenged provisions of Wisconsin law unconstitutional while

postponing a decision on the State Defendants request to preserve the status

quohas opened the door for some county clerks to immediately begin issuing

marriage licenses to same-sex couples, thereby conclusively disrupting the

status quo that the State Defendants sought to preserve. Moreover, the

importance of the State of Wisconsins interest in avoiding confusion,

uncertainty, and inconsistency in the interpretation and enforcement of state

marriage law is indisputable.

Second, the issue of whether the legal status quo in Wisconsin should be

preserved pending an appeal is clearly collateral to the merits of the action.

The Seventh Circuit can resolve the present appeal simply by granting the


8/12/2019 14-2266 #14

8/53

8

stay pending appeal that the district court has refused to grant, without

having to reach the underlying merits of the case at this time.

Third, the issue of preserving the legal status quo would be effectively

unreviewable if an immediate appeal is not available. The district courts

action has already disrupted the status quo, and nothing that the district

court might do in the future could provide State Defendants with meaningful

relief or a meaningful opportunity for appellate review of a stay. If the

district court, at some point in the future, were to issue an order granting the

State Defendants Contingent Motion to Stay, neither that order nor any

order on appeal would sufficiently preserve the status quo that has already

been disrupted. Conversely, if the district court were in the future to deny

the Contingent Motion to Stay, any subsequent appellate review of that

denial would likewise be insufficient to preserve the already-disrupted status

quo. Meaningful and effective review of the State Defendants request to

preserve the status quo pending appeal is only possible if review is

immediate.

Fourth, State Defendants will be irreparably harmed if an immediate

appeal is not permitted. The declaratory relief already granted by the

district court prevents the State of Wisconsin from enforcing a state

constitutional provision overwhelmingly ratified by the people of this State as

well as numerous marriage statutes enacted by the duly elected


8/12/2019 14-2266 #14

9/53

9

representatives of the people. Any time a court prevents a State from giving

effect to its duly enacted laws, the State suffers a form of irreparable injury.

See Illinois Liberty PAC v. Madigan, 902 F. Supp. 2d 1113, 1127

(N.D. Ill. 2012) (citing Maryland v. King,133 S. Ct. 1, 3 (2012) (Roberts, C.J.,

in chambers) (quoting New Motor Vehicle Bd. v. Orrin W. Fox Co.,434 U.S.

1345, 1351 (1977) (Rehnquist, C.J., in chambers));Aid for Women v. Foulston,

441 F.3d 1101, 1119 (10th Cir. 2006) (same); Coalition for Econ. Equality v.

Wilson, 122 F.3d 718, 719 (9th Cir. 1997) (same)).

Therefore, the Seventh Circuit has jurisdiction over this appeal under

28 U.S.C. 1291 and the collateral order doctrine.

II. This Court Has Jurisdiction Under 28 U.S.C. 1291 and thePractical Finality Doctrine.

In the alternative, the Seventh Circuit has jurisdiction of this appeal

pursuant to 28 U.S.C. 1291 and the practical finality doctrine. See Travis v.

Sullivan, 985 F.2d 919, 922-23 (7th Cir. 1993). That doctrine, which is

closely related to the collateral order doctrine, permits an immediate appeal

of a district court order under 28 U.S.C. 1291 if that order would be

effectively unreviewable on a subsequent appeal following resolution of the

merits of the litigation. Id.; see also Richardson v. Penfold, 900 F.2d 116, 118

(7th Cir. 1990); Crowder v. Sullivan, 897 F.2d 252 (7th Cir. 1990)

(per curiam). Here, State Defendants have requested immediate action to


8/12/2019 14-2266 #14

10/53

10

preserve the status quopending appeal, and any meaningful consideration of

that request must likewise be immediate. Conversely, if consideration of that

request is delayed, the request is effectively denied. The district courts

failure to grant the State Defendants Contingent Motion to Stay thus would

be effectively unreviewable in a subsequent appeal on the merits. The

practical finality doctrine therefore applies, and the Seventh Circuit has

jurisdiction under 28 U.S.C. 1291.

III.

This Court Has Jurisdiction Under 28 U.S.C. 1292(a)(1).

In the second alternative, the Seventh Circuit has jurisdiction because

appellate review of an interlocutory order may be obtained under

28 U.S.C. 1292(a)(1) if the order has both the effect of granting or refusing

an injunction and if an appeal will further the statutory purpose of

permitting litigants to effectually challenge interlocutory orders of serious,

perhaps irreparable consequence. Carson v. American Brands, Inc., 450

U.S. 79, 84 (1980) (internal punctuation and citations omitted); see also

Matter of Forty-Eight Insulations, Inc., 115 F.3d 1294, 1300 (7th Circ. 1997).

Here, the district courts June 6, 2014, Opinion and Order declare[d] the

rights and other legal relations of the parties with regard to the

constitutionality of the challenged provisions of Wisconsin law.

28 U.S.C. 2201(a). Although such a declaratory judgment is not a true

injunction because it cannot be enforced by contempt proceedings, it has the


8/12/2019 14-2266 #14

11/53

11

same effect as an injunction in fixing the parties legal entitlements.

Badger Catholic, Inc. v. Walsh, 620 F.3d 775, 782 (7th Cir. 2010). Moreover,

by failing to grant an immediate stay of its order granting a declaration, the

district court has disrupted the legal status quo, thereby causing irreparable

harm to the States interest in the consistent and uniform enforcement of

duly enacted state laws. Under these circumstances, permitting an

immediate appeal of the district courts failure to preserve the status quowill

allow State Defendants to effectively challenge the district courts action,

thereby furthering the statutory purpose of 28 U.S.C. 1292(a)(1).

The doctrine set forth in Carson and in Matter of Forty-Eight

Insulations, Inc., thus applies here and, pursuant to it, the Seventh Circuit

has jurisdiction over this appeal under 28 U.S.C. 1292(a)(1).

IV. Cleaver v. Elias is Inapposite.On June 10, 2014, the Court entered an order (7th Circ. ECF 5) that

was ultimately vacated as erroneously issued (7th Circ. ECF 6). The vacated

order cited Cleaver v. Elias, 852 F.2d 266 (7th Cir. 1988), for the general

proposition that an appeal may not be taken in a civil case until a final

judgment disposing of all claims against all parties is entered on the district

courts civil docket pursuant to Fed. R. Civ. P. 58. (7th Circ. ECF 5.) In

Cleaver, the plaintiffs-appellees sought a declaration from the district court

but filed their appeal before the district court entered any declaratory relief.


8/12/2019 14-2266 #14

12/53

12

Cleaver, 852 F.2d at 267. The Cleaver plaintiffs-appellees invoked the

collateral order doctrine in an appeal on the merits. Id. Finally, the

plaintiffs-appellees act of filing an appeal delayed the district court

proceedings, resulting in the district court terminating a hearing literally in

mid-hearing because it lacked jurisdiction. Id.

None of the Cleaver facts are present here. First, State Defendants

appealed the district courts constructive denial of their Contingent Motion to

Stay, an issue that is completely separate from the merits of the action.

Cleaver, 852 F.2d at 267 (citing Coopers & Lybrand v. Livesay, 437 U.S. 468

(1978)); (ECF 121:3). Second, the district court entered an order granting

declaratory relief in the present case whereas, the Cleaver court had entered

no relief at all. Cleaver, 852 F.2d at 267; (ECF 118:87, 3). Third, the

present appeal has not divested the district court of jurisdiction over all

issues beyond the discrete issue appealed. This was confirmed by the parties

and the court at the June 9, 2014 hearing. (See Decl. at 5, Ex. C, 6:22-24,

9:4-7) (State Defendants are not asserting that [the district court] lacks

jurisdiction over the injunctive relief still at issue; the court stated that an

appeal from an interlocutory decision does not bar the District Court from

finishing the work that it still has to do.). Fourth, the district courts rulings

have created a chaotic circumstance where its order declaring Wisconsin laws

unconstitutionalbut not enjoinedleaves county clerks confused as to


8/12/2019 14-2266 #14

13/53

13

whether they can (or must) issue marriage licenses to same-sex couples to

comply with the district courts order. This, coupled with the uncertain

public perception of the orders, illustrates the unique and time sensitive

nature of this important case. (See Decl. 3-4, Ex. A, B.)

In sum, Cleaver involved an attorney who prematurely filed an appeal

before the district court granted any relief, effectively delaying the

proceedings and incorrectly asserting the collateral order doctrine on a merits

based appeal. It is factually distinguishable from the present case.

V. The Contingent Motion to Stay Seeks to Preserve the StatusQuo Ante.

The vacated order of June 10, 2014, also expressed the view that the

district court had not constructively denied defendants-appellants

Contingent Motion to Stay, primarily because an injunction has yet to be

entered. (7th Circ. ECF 5) That statement fails to grasp the essence of State

Defendants position. The district court issued a declaratory order

invalidating provisions of state law. That order changed the status of the

state law applicable to the official duties of the three defendant Wisconsin

county clerks. As a result of that change created by the district court, two of

those clerks have modified their behavior by ceasing to follow the laws

declared invalid, while the third has continued to observe the status quo ante,

pending a final judgment by the district court. Prior to the district courts


8/12/2019 14-2266 #14

14/53

14

action, the State Defendantsin their Contingent Motion to Staymoved

the district court to immediatelystay any order invalidating the challenged

state laws in order to preserve the status quo ante pending appeal. The

district courts action of changing the legal status quo while delaying a

decision on the Contingent Motion to Stay is a conclusive denial of the State

Defendants request for immediate relief and irreparably harms the State of

Wisconsins interest in preserving clarity and uniformity in the

administration of its laws. Contrary to the statement in the vacated order of

June 10, 2014, therefore, the district courtwhile purporting to delay a

decision on the Contingent Motion to Stayactually constructively denied

the heart of the relief requested in that motion.

VI. Defendant McDonell and Czarnezkis JurisdictionalMemoranda Ignores the Collateral Order Doctrine, Practical

Finality Doctrine, and 28 U.S.C. 1292(a)(1).

Defendant Scott McDonell, Dane County Clerk, submitted a

Supplemental Memorandum regarding appellate jurisdiction

(7th Circ. ECF 11) and Defendant Joseph Czarnezki, Milwaukee County

Clerk,submitted a Memorandum of Law in Opposition to Jurisdiction in this

Court (7th Circ. ECF 13-1). Neither McDonell nor Czarnezkis memoranda

addresses State Defendants reliance upon the collateral order doctrine, the

practical finality doctrine, or 28 U.S.C. 1292(a)(1) as to the district courts

constructive denial of the Contingent Stay Motion. Contrary to their


8/12/2019 14-2266 #14

15/53

15

memoranda, State Defendants are not appealing the merits of the district

courts June 6, 2014, Opinion and Order. State Defendants appeal the

narrow portion of the district courts order constructively denying their

Contingent Stay Motion. This was a proper assertion of the collateral order

doctrine because it presents an issue separate from the merits. Apostol v.

Gallion, 870 F.2d 1335, 1338 (7th Cir. 1989); see also I, supra.

CONCLUSION

State Defendants respectfully request this Court confer jurisdiction

over State Defendants appeal of the district courts constructive denial of

their Contingent Motion to Stay.

Dated this 11th day of June, 2014.

Respectfully submitted,

J.B. VAN HOLLEN

Attorney General

s/Timothy C. Samuelson

TIMOTHY C. SAMUELSON

Assistant Attorney General

State Bar #1089968

THOMAS C. BELLAVIAAssistant Attorney General

State Bar #1030182

CLAYTON P. KAWSKI

Assistant Attorney General

State Bar #1066228


8/12/2019 14-2266 #14

16/53

16

Attorneys for Defendants,

Scott Walker, J.B. Van Hollen,

and Oskar Anderson

Wisconsin Department of Justice

Post Office Box 7857

Madison, Wisconsin 53707-7857

(608) 266-3542 (Samuelson)(608) 266-8690 (Bellavia)

(608) 266-7477 (Kawski)

(608) 267-2223 (fax)

[email protected]

[email protected]

[email protected]


8/12/2019 14-2266 #14

17/53

No. 14-2266

IN THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Virginia Wolf, et al.

Plaintiffs-Appellees,

v.

Scott Walker, et al.

Defendants-Appellants.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT, WESTERN

DISTRICT OF WISCONSIN, CASE NO. 14-CV-64,

THE HONORABLE BARBARA B. CRABB, PRESIDING

DECLARATION OF TIMOTHY C. SAMUELSONIN SUPPORT OF STATE DEFENDANTS-APPELLANTS

MEMORANDUM ADDRESSING JURISDICTION

I, Timothy C. Samuelson, pursuant to 28 U.S.C. 1746, hereby declare as

follows:

1. I am one of Defendants-Appellants Walker, Van Hollen, andAndersons (the State Defendants) attorneys in the above-captioned matter.

I make this Declaration based on my own personal knowledge and based

upon the sources described.


8/12/2019 14-2266 #14

18/53

- 2 -

2. I make this Declaration in support of State DefendantsMemorandum addressing jurisdiction.

3. Attached hereto as Exhibit Ais a true and correct copy of an articletitled, Judge Declines to Stay Marriage Ban Ruling, but Says She Didnt

Authorize Weddings, written by Ed Treleven, published by the Wisconsin

State Journal on June 9 2014.

4. Attached hereto as Exhibit B is a true and correct copy of anAssociated Press article titled Federal Judge Declines to Stop Gay Marriages

in Wisconsin, written by Jason Stein, Patrick Marley & Dana Ferguson,

published by the Milwaukee Journal Sentinel on June 9, 2014.

5. Attached hereto as Exhibit C is a true and correct copy of thetranscript from the motion hearing held before District Judge Barbara B.

Crabb on June 9, 2014.

6. Attached hereto as Exhibit D is a true and correct copy of thisCourts Order (ECF 125), denying State Defendants motion for an emergency

stay.

7. I declare under penalty of perjury that the foregoing is true andcorrect.

Dated this 11th day of June 2014.

s/Timothy C. Samuelson

TIMOTHY C. SAMUELSON


8/12/2019 14-2266 #14

19/53

13 minutes ago By Ed Treleven | Wisconsin State Journal (42) Comments

Related Galleries

Photos: First same-sex marriage

licenses issued in Dane County

Home / Wisconsin State Journal / New s

Judge declines to stay marriageban ruling, but says she didn'tauthorize weddings

U.S. District Judge Barbara Crabb on Monday declined the

state's request for a stay of her ruling tossing out

Wisconsin's constitutional ban on same-sex marriage

pending an appeal. But in her first public remarks since her

Friday ruling, Crabb said she did not explicitly tell county

clerks to issue marriage licenses to same-sex couples.

Crabb said her ruling Friday was a declaratory judgment,

without an injunction. That means that she found the

amendment unconstitutional but has not immediately barred

Trending Gay marriage ban struck down D-Day 70th anniversary Know your Wisconsin pests Report: How

Kerry Lehman, right, kisses Sara Hinkel, after getting married Saturday in Madison. The couple, both from

Madison, have been together for 14 years

Andy Manis/Associated Press

Exhibit A

http://host.madison.com/users/profile/Ed%20Trelevenhttp://host.madison.com/news/local/crime_and_courts/judge-declines-to-stay-marriage-ban-ruling-but-says-she/article_e3b7d56c-85ef-545b-9b06-9312ea677d77.html#commentshttp://host.madison.com/gallery/news/local/govt-and-politics/photos-first-same-sex-marriage-licenses-issued-in-dane-county/collection_f3ec8cdb-f395-53ef-b21c-cffefc9c3dc6.htmlhttp://host.madison.com/gallery/news/local/govt-and-politics/photos-first-same-sex-marriage-licenses-issued-in-dane-county/collection_f3ec8cdb-f395-53ef-b21c-cffefc9c3dc6.htmlhttp://host.madison.com/http://host.madison.com/wsj/http://host.madison.com/wsj/news/http://host.madison.com/gay-marriage-ban-struck-down/collection_88e62650-ede2-11e3-a491-001a4bcf887a.html#utm_source=host.madison.com&utm_campaign=hot-topics-2&utm_medium=directhttp://host.madison.com/news/slideshow-wisconsin-state-journal-coverage-of-d-day-from/article_0d977b1c-ec1f-11e3-bf4a-0019bb2963f4.html#utm_source=host.madison.com&utm_campaign=hot-topics-2&utm_medium=directhttp://host.madison.com/news/local/interactive/quiz-know-your-wisconsin-pests/html_1f8b0b14-e2b9-11e3-aecb-0019bb2963f4.html#utm_source=host.madison.com&utm_campaign=hot-topics-2&utm_medium=directhttp://host.madison.com/ct/news/local/writers/steven_elbow/report-looks-at-how-and-why-bicyclists-die/article_c511e8d2-b8a1-5eb2-89a0-c9fca2554435.html#utm_source=host.madison.com&utm_campaign=hot-topics-2&utm_medium=directhttp://host.madison.com/ct/news/local/writers/steven_elbow/report-looks-at-how-and-why-bicyclists-die/article_c511e8d2-b8a1-5eb2-89a0-c9fca2554435.html#utm_source=host.madison.com&utm_campaign=hot-topics-2&utm_medium=directhttp://host.madison.com/news/local/interactive/quiz-know-your-wisconsin-pests/html_1f8b0b14-e2b9-11e3-aecb-0019bb2963f4.html#utm_source=host.madison.com&utm_campaign=hot-topics-2&utm_medium=directhttp://host.madison.com/news/slideshow-wisconsin-state-journal-coverage-of-d-day-from/article_0d977b1c-ec1f-11e3-bf4a-0019bb2963f4.html#utm_source=host.madison.com&utm_campaign=hot-topics-2&utm_medium=directhttp://host.madison.com/gay-marriage-ban-struck-down/collection_88e62650-ede2-11e3-a491-001a4bcf887a.html#utm_source=host.madison.com&utm_campaign=hot-topics-2&utm_medium=directhttp://host.madison.com/wsj/news/http://host.madison.com/wsj/http://host.madison.com/http://host.madison.com/gallery/news/local/govt-and-politics/photos-first-same-sex-marriage-licenses-issued-in-dane-county/collection_f3ec8cdb-f395-53ef-b21c-cffefc9c3dc6.htmlhttp://host.madison.com/news/local/govt-and-politics/photos-first-same-sex-marriage-licenses-issued-in-dane-county/collection_f3ec8cdb-f395-53ef-b21c-cffefc9c3dc6.htmlhttp://host.madison.com/news/local/crime_and_courts/judge-declines-to-stay-marriage-ban-ruling-but-says-she/article_e3b7d56c-85ef-545b-9b06-9312ea677d77.html#commentshttp://host.madison.com/users/profile/Ed%20Trelevenhttp://host.madison.com/wsj

8/12/2019 14-2266 #14

20/53

Some clerks choose not to issue

marriage licenses immediately

despite ruling

Many are

taking license

applications,

but they won't

waive the

state's 5-day waiting period. Read

more

Weddings continue after judge

declares ban unconstitutional

On the day

after a federal

judge s truck

down

Wisconsins ban on same-sex

marriage, 74 more couples had

received marriage licenses as of

noon S Read more

Meet the first ga y couple to

marry in Dane County

More than 60

gay couples

received

marriage

licenses in Dane County after a

federal judge struck down

Wisconsin's ban on same-sex

marriage. Read more

Gay couples line up to marry after

ruling striking down ban

A federal judge

has struck

down

Wisconsin's

same-s ex marriage ban, althoughthere was confusion over when

couples could begin getting

married. Read more

Related Links

Live chat replay: W ill same-sex

marriage ban survive?

its enforcement. Instead, she has ordered opponents of the

ban to prepare briefs on how an injunction should be

framed.

She stopped short, however, of saying that the marriages

conducted in Dane and Milwaukee counties over the

weekend, and in other counties Monday, should not be

going forward.

"I never said anything" about whether county clerks should

go forward with granting marriage licenses to same-sex

couples, Crabb said. "That hasn't been decided."

But interpretations differ about Crabb's words on Monday.

Crabb said the "status quo" should continue, but whether

that means the gay marriage ban remains in effect, as

Attorney General J.B. Van Hollen has said, or whether that

means marriages can continue as they have since Friday is

a question that Crabb did not answer explicitly at Monday's

hearing.

During the hearing, Crabb said the decision she issued

Friday was a declaratory ruling and did not contain any

injunction, because the plaintiffs in the case had not been

explicit about what they wanted Crabb to order the state to

do or not do.

"There is no relief that's been granted by the court," Crabb

said. "That hasn't been decided."

ACLU lawyer Laurence Dupuis said he would submit a

requested injunction on Monday, and Crabb gave the state

until next week to answer it. Dupuis said

Assistant Attorney General Timothy Samuelson said that in

terms of a stay, the state was seeking "something preserving

the status quo." Later, when he asked what the current

status of the law was, Crabb responded that it is the "status

quo." But she did not explain what that meant.

At today's hearing, Judge Crabb reiterated that Wisconsin

marriage law has not been enjoined.

In a statement issued after the hearing, Van Hollen said the

law remains in effect.

Wisconsin's marriage law is in full force and effect, and all

state and local officials are under a continuing duty to follow

Wisconsin's marriage law unless and until the court enjoins

that law, Van Hollen said.

Dane County Clerk Scott McDonell, who has been issuing

marriage licenses to same-sex couples since Friday, said it means that clerks can continue to

carry on as they are now, because Crabb's ruling on Friday declaring the law to be

unconstitutional means that it is no longer in effect.

Dane County Corporation Counsel David Gault agreed, adding that the "status quo to us is that

she declared the constitutional amendment unconstitutional."

"As it stands, we think the decision that Judge Crabb issued last Friday was unambiguous," Gault

said.

http://host.madison.com/wsj/news/local/govt-and-politics/some-clerks-choose-not-to-issue-marriage-licenses-immediately-despite/article_43e275c7-7029-59c8-9c3a-31e2115f4504.htmlhttp://host.madison.com/wsj/news/local/govt-and-politics/live-chat-now-will-the-same-sex-marriage-ban-survive/html_56b36832-efef-11e3-9643-0019bb2963f4.htmlhttp://host.madison.com/wsj/news/local/govt-and-politics/live-chat-now-will-the-same-sex-marriage-ban-survive/html_56b36832-efef-11e3-9643-0019bb2963f4.htmlhttp://host.madison.com/news/local/govt-and-politics/gay-couples-line-up-to-marry-after-ruling-striking-down/article_d4b76da1-3fc7-5946-9cb2-dc7ea1d81f94.htmlhttp://host.madison.com/wsj/news/local/govt-and-politics/gay-couples-line-up-to-marry-after-ruling-striking-down/article_d4b76da1-3fc7-5946-9cb2-dc7ea1d81f94.htmlhttp://host.madison.com/news/local/govt-and-politics/meet-the-first-gay-couple-to-marry-in-dane-county/article_9fa5aedd-2f66-536a-b99f-cc1c36b5713c.htmlhttp://host.madison.com/wsj/news/local/govt-and-politics/meet-the-first-gay-couple-to-marry-in-dane-county/article_9fa5aedd-2f66-536a-b99f-cc1c36b5713c.htmlhttp://host.madison.com/news/local/weddings-continue-after-judge-declares-ban-unconstitutional/article_100865d0-c06e-5254-8cee-0d4733f17942.htmlhttp://host.madison.com/wsj/news/local/weddings-continue-after-judge-declares-ban-unconstitutional/article_100865d0-c06e-5254-8cee-0d4733f17942.htmlhttp://host.madison.com/news/local/govt-and-politics/some-clerks-choose-not-to-issue-marriage-licenses-immediately-despite/article_43e275c7-7029-59c8-9c3a-31e2115f4504.htmlhttp://host.madison.com/wsj/news/local/govt-and-politics/some-clerks-choose-not-to-issue-marriage-licenses-immediately-despite/article_43e275c7-7029-59c8-9c3a-31e2115f4504.htmlhttp://host.madison.com/wsj/news/local/govt-and-politics/gay-couples-line-up-to-marry-after-ruling-striking-down/article_d4b76da1-3fc7-5946-9cb2-dc7ea1d81f94.htmlhttp://host.madison.com/wsj/news/local/govt-and-politics/meet-the-first-gay-couple-to-marry-in-dane-county/article_9fa5aedd-2f66-536a-b99f-cc1c36b5713c.htmlhttp://host.madison.com/wsj/news/local/weddings-continue-after-judge-declares-ban-unconstitutional/article_100865d0-c06e-5254-8cee-0d4733f17942.htmlhttp://host.madison.com/wsj/news/local/govt-and-politics/some-clerks-choose-not-to-issue-marriage-licenses-immediately-despite/article_43e275c7-7029-59c8-9c3a-31e2115f4504.html

8/12/2019 14-2266 #14

21/53

Tags

Recommendations

The Christie Bombshell No One is Talking About

(Blue Nation Review)

Sponsored Links

Asked what the status quo meant to him, Dupuis said, "I don't really know," but added later that the

status quo means what Crabb had ordered before.

He said he does not know whether marriages should or should not have been performed, only that

it would be cruel at this point to deprive people of them now.

On Friday night, the state filed an emergency motion for a stay of Crabb's ruling. She said on

Monday that because she had not issued an injunction yet the state could not seek a stay of her

ruling.

On Monday, the state also filed a motion for a stay with the U.S. Court of Appeals for the 7thCircuit, based in Chicago. The appeals court has not yet ruled, but Crabb said that without a final

order the case cannot be heard by the appeals court.

The appeals court will have to decide, however, whether it can accept the case.

Within hours of Crabb's decision on Friday, the f irst same-sex couples were being married in Dane

and Milwaukee counties, with county clerks waiving the customary five-day waiting period for

issuance of marriage licenses. More than 280 same-sex couples were married in Dane and

Milwaukee counties on Friday night and Saturday.

By Monday clerks in 18 Wisconsin counties were issuing marriage licenses to same-sex couples,

McDonell said.

The state's lawyers said that in her ruling, Crabb did not issue an injunction blocking the law and

did not rule on the state's previous motion for an immediate stay on her ruling.

"The district court's opinion and order has thus created a legal environment in which Wisconsin's

county clerks are deciding on a county-by-county basis whether to issue marriage licenses to

same-sex couples immediately or wait for the district court to enter injunctive relief or rule on state

defendants' motion to stay," lawyers for the state wrote.

The state argued in its motion to the appeals court that given the importance of Crabb's decision,

"particularly amidst a vigorous and unsettled national debate on the issue," a stay should be

ordered immediately.

"Further a stay is necessary in this case to avoid confusion and to maintain the status quo while

the Seventh Circuit decides how Wisconsin, and other states, may define the civil institution of

marriage."

Copyright 2014 madison.com. All rights reserved. This material may not be published, broadcast, rew ritten or redistr ibuted.

Marriage Amendment, Gay Marriage, Barbara Crabb, U.s. District Court For The Western District

Of Wisconsin

Side Effects: Weight

Gain, Rashes, Diarrhea &

More...

New currency law goes

into effectJuly 1st,

2014.[Devastating for

Seniors]

Madison arrestrecords.

Who do you know?

Popular "Skinny Pill"

Putting Gyms Out of

Business.

Trending Articles and Offers ADVERTISEMENT

http://web.adblade.com/clicks.php?appId=8717&zid=536cd3a42b963&adId=105342&pos=1&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=536cd3a42b963&adId=105342&pos=1&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=534701603ab72&adId=99476&pos=2&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=536cd3a42b963&adId=105342&pos=1&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=534701603ab72&adId=99476&pos=2&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=536cd3a42b963&adId=105342&pos=1&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=534701603ab72&adId=99476&pos=2&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=536cd3a42b963&adId=105342&pos=1&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=53333574ec37a&adId=95933&pos=3&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=5372e9b5aa58f&adId=106413&pos=4&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=53333574ec37a&adId=95933&pos=3&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=5372e9b5aa58f&adId=106413&pos=4&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=5372e9b5aa58f&adId=106413&pos=4&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=5372e9b5aa58f&adId=106413&pos=4&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=5372e9b5aa58f&adId=106413&pos=4&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://host.madison.com/search/?k=%22u.s.%20district%20court%20for%20the%20western%20district%20of%20wisconsin%22&t=&l=20&d=&d1=&d2=&f=html&s=start_time&sd=desc&sHeading=U.s.%20District%20Court%20For%20The%20Western%20District%20Of%20Wisconsinhttp://host.madison.com/search/?k=%22barbara%20crabb%22&t=&l=20&d=&d1=&d2=&f=html&s=start_time&sd=desc&sHeading=Barbara%20Crabbhttp://host.madison.com/search/?k=%22gay%20marriage%22&t=&l=20&d=&d1=&d2=&f=html&s=start_time&sd=desc&sHeading=Gay%20Marriagehttp://host.madison.com/search/?k=%22marriage%20amendment%22&t=&l=20&d=&d1=&d2=&f=html&s=start_time&sd=desc&sHeading=Marriage%20Amendmenthttp://web.adblade.com/clicks.php?appId=8717&zid=5372e9b5aa58f&adId=106413&pos=4&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=5372e9b5aa58f&adId=106413&pos=4&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=53333574ec37a&adId=95933&pos=3&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=53333574ec37a&adId=95933&pos=3&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=534701603ab72&adId=99476&pos=2&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=534701603ab72&adId=99476&pos=2&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=536cd3a42b963&adId=105342&pos=1&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://web.adblade.com/clicks.php?appId=8717&zid=536cd3a42b963&adId=105342&pos=1&impt=1402345581&zoneId=639&algid=1&url=http%3A%2F%2Fhost.madison.com%2Fwsj%2Fnews%2Flocal%2Fcrime_and_courts%2Fjudge-declines-to-stay-marriage-ban-ruling-but-says-she%2Farticle_e3b7d56c-85ef-545b-9b06-9312ea677d77.htmlhttp://bluenationreview.com/the-christie-bombshell-no-one-is-talking-about/

8/12/2019 14-2266 #14

22/53

Man injured in shooting at Far East Side motel(The

Capital Times)

Millennials are Drinking so Much Wine They're

Changing How it's Sold(The Huffington Post)

The Hottest Female Republican Politicians EVER

(Rant Lifestyle)

Tom Oates: Packers get big boost by the return of

several veterans(The Capital Times)

What Your Last Name Means(Ancestry.com)

Madison Catholic Diocese significantly alters plan

to convert headquarters into housing(The Capital

Times)

D-Day anniversary: Thousands pay homage to the

heroes of 'The Longest Day'(France 24)

The 10 Beer-Drinkingest States In America

(Mainstreet)

Construction frustration fuels traffic-themed parody

Twitter accounts(The Capital Times)

Police: Portage teens, 16, robbed at gunpoint

while trying to buy pot in Madison(The Capital

Times)

Comedian Tracy Morgan injured in fatal crash(The

Capital Times)

Donate Vehicle

satruck.org

Donate Used Cars, Trucks, & Boats.Schedule Your Vehicle for Pickup.

Marriage Records

Do you supportmarriage?

http://googleads.g.doubleclick.net/aclk?sa=L&ai=COXadbRiWU9zkEpSl-gP9tYDgDLXh2-cF_ZeVpJ8BwI23ARABILbL0x0oA1C_5fWLAmDJ1tmN_KT4FMgBAagDAcgDwwSqBIYCT9ApBecCULtYg830UueKlGNKDODUHe8_d0obEKsoKMbw0zhlPIK1Uzohm2Pb3ZsdH9JvdfSFz36FnmCPCB5W9Mq0RdTOnDZc4ViVOWM6IM7RzW3tkEpn7RJ29zDN8aZsSh-gQjDYsSexKVfsJE5VbFGd3B_IEn9731r6SptucGa6wmVyqb3kaXrm5o_1DeH_LHCSpm9OQaBhtQS7MuAYD-jF7Pwv_IuW-wolRZS11eIgQcHzY0w4KIlFWN5lypiP800hIGoEoV00CaShuGOxZfSiXnOOPQQ4n7UrYgTFeDc_UpIhWviqzO4JF4shehFbWmPqHIvtgxf1cmX0xNLSyoXdV5OKroAHpfqUKw&num=1&sig=AOD64_2RdrcJKIrQe-eA87NuMS9ngjNqUQ&client=ca-lmc-lee&adurl=http://bs.serving-sys.com/BurstingPipe/AdServer.bs%3Fcn%3Dccs%26ebcmp%3D10262513%26ebkw%3D160451409%26advid%3D23644%26ebag%3D4516258%26sead%3D42730831629%26ccsurl%3D%24%24http://clickserve.dartsearch.net/link/click%3Flid%3D43700005040558921%26ds_s_kwgid%3D58700000315168483%26ds_e_adid%3D42730831629%26ds_e_matchtype%3Dcontent%26ds_e_device%3Dc%26ds_url_v%3D2%26ebkw%3D160451409%26sead%3D42730831629%24%24http://www.googleadservices.com/pagead/aclk?sa=L&ai=CwXzGbRiWU9zkEpSl-gP9tYDgDMLj6poFooLLpUvAjbcBEAMgtsvTHSgDUPbvj9sEYMnW2Y38pPgUoAGSgtb4A8gBAagDAcgDwwSqBIkCT9AZVp8CUrtYg830UueKlGNKDODUHe8_d0obEKsoKMbw0zhlPIK1Uzohm2Pb3ZsdH9JvdfSFz36FnmCPCB5W9Mq0RdTOnDZc4ViVOWM6IM7RzW3tkEpn7RJ29zDN8aZsSh-gQjDYsSexKVfsJE5VbFGd3B_IEn9731r6SptucGa6wmVyqb3kaXrm5o_1DeH_LHCSpm9OQaBhtQS7MuAYD-jF7Pwv_IuW-wolRZS11eIgQcHzY0w4KIlFWN5lypiP800hIGoEoV00CaShuGOxZfSiXnPGPfBoQQBYvKQEk70YUpKcuhMaj_MJXHYiPuxYPpbpPH7ug-L2cpD3xCfXymXdursuIPgBDYgGAYAH1v2pBw&num=3&cid=5GgmcTexR5yrOTbMcvcMBk8F&sig=AOD64_3TK99_b8AooEoqTuC4jaDP36ohAQ&client=ca-lmc-lee&adurl=http://pages.townhall.com/campaign/marriage/RC/GAhttp://www.googleadservices.com/pagead/aclk?sa=L&ai=CtPSsbRiWU9zkEpSl-gP9tYDgDLi3_IEE-Pu4uasBv-EeEAIgtsvTHSgDUNOH09EEYMnW2Y38pPgUoAHw3YzfA8gBAagDAcgDwwSqBIkCT9B5JKgCU7tYg830UueKlGNKDODUHe8_d0obEKsoKMbw0zhlPIK1Uzohm2Pb3ZsdH9JvdfSFz36FnmCPCB5W9Mq0RdTOnDZc4ViVOWM6IM7RzW3tkEpn7RJ29zDN8aZsSh-gQjDYsSexKVfsJE5VbFGd3B_IEn9731r6SptucGa6wmVyqb3kaXrm5o_1DeH_LHCSpm9OQaBhtQS7MuAYD-jF7Pwv_IuW-wolRZS11eIgQcHzY0w4KIlFWN5lypiP800hIGoEoV00CaShuGOxZfSiXnPGPfBoQQIJ7pYEk70YUpKcuhMaj_MJXHYiPuxYPpbpPH7ug-L2cpD3xCfXymXdursuYqB9JIgGAYAH-KHzIA&num=2&cid=5GgmcTexR5yrOTbMcvcMBk8F&sig=AOD64_3J8auRR0kIfL0B-YuEeRI4bkn6fA&client=ca-lmc-lee&adurl=http://www.myheritage.com/search-records%3Fkeyword%3Dmarriage%26utm_source%3Dppc_google%26utm_medium%3Dppc%26utm_campaign%3DUSA_SuperSearch_Contentd%26tr_ad_group%3DMarriage_Records%26tr_device%3Dc%26tr_keyword%3Dmarriage%2520license%2520record%26tr_term%3D%7Bterm%7D%26tr_matchtype%3D%26tr_placement%3Dhost.madison.com%26tr_position%3Dnone%26tr_sitelink%3D%5Bname%5D%26tr_creative%3D46020230768%26tr_size%3Dtext%26tr_copy%3Dfind_discoverhttp://googleads.g.doubleclick.net/aclk?sa=L&ai=COXadbRiWU9zkEpSl-gP9tYDgDLXh2-cF_ZeVpJ8BwI23ARABILbL0x0oA1C_5fWLAmDJ1tmN_KT4FMgBAagDAcgDwwSqBIYCT9ApBecCULtYg830UueKlGNKDODUHe8_d0obEKsoKMbw0zhlPIK1Uzohm2Pb3ZsdH9JvdfSFz36FnmCPCB5W9Mq0RdTOnDZc4ViVOWM6IM7RzW3tkEpn7RJ29zDN8aZsSh-gQjDYsSexKVfsJE5VbFGd3B_IEn9731r6SptucGa6wmVyqb3kaXrm5o_1DeH_LHCSpm9OQaBhtQS7MuAYD-jF7Pwv_IuW-wolRZS11eIgQcHzY0w4KIlFWN5lypiP800hIGoEoV00CaShuGOxZfSiXnOOPQQ4n7UrYgTFeDc_UpIhWviqzO4JF4shehFbWmPqHIvtgxf1cmX0xNLSyoXdV5OKroAHpfqUKw&num=1&sig=AOD64_2RdrcJKIrQe-eA87NuMS9ngjNqUQ&client=ca-lmc-lee&adurl=http://bs.serving-sys.com/BurstingPipe/AdServer.bs%3Fcn%3Dccs%26ebcmp%3D10262513%26ebkw%3D160451409%26advid%3D23644%26ebag%3D4516258%26sead%3D42730831629%26ccsurl%3D%24%24http://clickserve.dartsearch.net/link/click%3Flid%3D43700005040558921%26ds_s_kwgid%3D58700000315168483%26ds_e_adid%3D42730831629%26ds_e_matchtype%3Dcontent%26ds_e_device%3Dc%26ds_url_v%3D2%26ebkw%3D160451409%26sead%3D42730831629%24%24http://googleads.g.doubleclick.net/aclk?sa=L&ai=COXadbRiWU9zkEpSl-gP9tYDgDLXh2-cF_ZeVpJ8BwI23ARABILbL0x0oA1C_5fWLAmDJ1tmN_KT4FMgBAagDAcgDwwSqBIYCT9ApBecCULtYg830UueKlGNKDODUHe8_d0obEKsoKMbw0zhlPIK1Uzohm2Pb3ZsdH9JvdfSFz36FnmCPCB5W9Mq0RdTOnDZc4ViVOWM6IM7RzW3tkEpn7RJ29zDN8aZsSh-gQjDYsSexKVfsJE5VbFGd3B_IEn9731r6SptucGa6wmVyqb3kaXrm5o_1DeH_LHCSpm9OQaBhtQS7MuAYD-jF7Pwv_IuW-wolRZS11eIgQcHzY0w4KIlFWN5lypiP800hIGoEoV00CaShuGOxZfSiXnOOPQQ4n7UrYgTFeDc_UpIhWviqzO4JF4shehFbWmPqHIvtgxf1cmX0xNLSyoXdV5OKroAHpfqUKw&num=1&sig=AOD64_2RdrcJKIrQe-eA87NuMS9ngjNqUQ&client=ca-lmc-lee&adurl=http://bs.serving-sys.com/BurstingPipe/AdServer.bs%3Fcn%3Dccs%26ebcmp%3D10262513%26ebkw%3D160451409%26advid%3D23644%26ebag%3D4516258%26sead%3D42730831629%26ccsurl%3D%24%24http://clickserve.dartsearch.net/link/click%3Flid%3D43700005040558921%26ds_s_kwgid%3D58700000315168483%26ds_e_adid%3D42730831629%26ds_e_matchtype%3Dcontent%26ds_e_device%3Dc%26ds_url_v%3D2%26ebkw%3D160451409%26sead%3D42730831629%24%24http://googleads.g.doubleclick.net/aclk?sa=L&ai=COXadbRiWU9zkEpSl-gP9tYDgDLXh2-cF_ZeVpJ8BwI23ARABILbL0x0oA1C_5fWLAmDJ1tmN_KT4FMgBAagDAcgDwwSqBIYCT9ApBecCULtYg830UueKlGNKDODUHe8_d0obEKsoKMbw0zhlPIK1Uzohm2Pb3ZsdH9JvdfSFz36FnmCPCB5W9Mq0RdTOnDZc4ViVOWM6IM7RzW3tkEpn7RJ29zDN8aZsSh-gQjDYsSexKVfsJE5VbFGd3B_IEn9731r6SptucGa6wmVyqb3kaXrm5o_1DeH_LHCSpm9OQaBhtQS7MuAYD-jF7Pwv_IuW-wolRZS11eIgQcHzY0w4KIlFWN5lypiP800hIGoEoV00CaShuGOxZfSiXnOOPQQ4n7UrYgTFeDc_UpIhWviqzO4JF4shehFbWmPqHIvtgxf1cmX0xNLSyoXdV5OKroAHpfqUKw&num=1&sig=AOD64_2RdrcJKIrQe-eA87NuMS9ngjNqUQ&client=ca-lmc-lee&adurl=http://bs.serving-sys.com/BurstingPipe/AdServer.bs%3Fcn%3Dccs%26ebcmp%3D10262513%26ebkw%3D160451409%26advid%3D23644%26ebag%3D4516258%26sead%3D42730831629%26ccsurl%3D%24%24http://clickserve.dartsearch.net/link/click%3Flid%3D43700005040558921%26ds_s_kwgid%3D58700000315168483%26ds_e_adid%3D42730831629%26ds_e_matchtype%3Dcontent%26ds_e_device%3Dc%26ds_url_v%3D2%26ebkw%3D160451409%26sead%3D42730831629%24%24http://host.madison.com/entertainment/television/tracy-morgan-critically-hurt-in-fatal--car-pileup/article_5ada4dea-ebcf-50c9-9a0a-e4aa18356078.htmlhttp://host.madison.com/news/local/crime_and_courts/police-portage-teens-robbed-at-gunpoint-while-trying-to-buy/article_0926b98f-7fde-5dad-a829-e758846cc03c.htmlhttp://host.madison.com/news/local/construction-frustration-fuels-traffic-themed-parody-twitter-accounts/article_d92275bc-97ff-5477-8753-d7ce18b64fcb.htmlhttp://www.thestreet.com/story/11998444/1/the-10-beer-drinkingest-states-in-america.htmlhttp://www.france24.com/en/20140606-d-day-ceremony-france-normandy/http://host.madison.com/news/local/madison-catholic-diocese-significantly-alters-plan-to-convert-headquarters-into/article_92ced11e-0fec-5043-8599-58bee1e4f70a.htmlhttp://blogs.ancestry.com/cm/2014/05/22/what-can-your-surname-tell-you/http://host.madison.com/sports/football/professional/tom-oates-packers-get-big-boost-by-the-return-of/article_90b7f983-46bf-5fcb-80ff-dc7d0a02319f.htmlhttp://www.rantlifestyle.com/2014/03/21/20-hottest-female-republican-politicians/http://www.huffingtonpost.com/2013/04/30/wine-club-lot18_n_3165408.htmlhttp://host.madison.com/news/local/crime_and_courts/man-injured-in-shooting-at-far-east-side-motel/article_10c2add4-2696-534b-8504-a0e135b5cd36.html

8/12/2019 14-2266 #14

23/53

Home News Wisconsin

Tweet 161 9

Gay couples marry, fromMilwaukee to Appleton

Couples rush to get married inMilwaukee, Madison

Photo Galleries

Video

Wisconsin

Federal judge declines to stop gay marriages in Wisconsin

Michael SearsThe Rev. Suzelle Lynch of Unitarian Universalist Church West in Brookfield marries Karen Wells (right) and KristieErickson (left) of Waukesha in a ceremony Monday in the courtyard outside the Waukesha County Courthouse.

EMAIL PRINT (362) COMME NTS

Madison A federal judge here declined to press pause Monday ongay marriages in Wisconsin, leaving it for now to county o fficials, afederal appeals court and, possibly, state courts to decide w hethersame-sex unions continue around the state.

Three days after her historic ruling striking down the state's same-sexmarriage ban, U.S. District Judge Barbara Crabb indicated Mondayafternoon that in the coming days either she or a federal court is likelyto grant a sta y of her Friday ruling, which would block county officialsaround the state from issuing marriage licenses to gay and lesbiancouples while her decision from Friday is appea led.

But Crabb said she was leaving the "status quo" in place for nowbecause she w anted to hear more from the two sides in the case onthe implications of a stay before deciding on it. She set her nexthearing for June 19.

"I will consider a stay as to what's in the (final order,) but I'm notgoing to act today," Crabb said at the hastily called hearing.

Crabb's comments effectively mean that for now the state will remaindividedinto counties s uch as Dane, Milwaukee and Waukesha, whereclerks are issuing same-sex marriage licenses, and counties such asOzaukee, Washington and Racine, where they are not.

When asked by state attorneys Monday about that inconsistencyamong counties, Crabb said that was an issue for state courts todecide if needed, not he r. She said that, though she had struck downthe marriage ban, she had given no orders on it so far to state andlocal officials in Wisconsin, so she had nothing to halt.

"They did not act because I told them they could," Crabb said ofcounty officials. "That hasn't been decided."

The hearing in Madison was one of two actions that state AttorneyGeneral J.B. Van Hollen took in two d ifferent federal courts Monday

NewsWatch

Judge in Wisconsin Doe probe form ally orders

county to release records 3:03 p.m.

Federal judge declines to stop gay m arr iages in

Wisconsin Updated: 3:00 p.m.

N.C. company buy s Janesv ille supplier of

natural g as fueling systems 2:06 p.m.

Milwaukee police identify ma n in fatal shooting

Friday 1:47 p.m.

Fire that killed 81-y ear-old Milwauk ee man not

seen as suspicious 1:45 p.m.

Milwaukee woman claims fraud in purchase of

Chevy Cobalt with recalled ignition 1:44 p.m.

Count ies split on whether to issue marr iage

licenses to gay couples Updated: 1:10 p.m.

Advertisement

Advertisement

MORE WISCONSIN NEWS

States counties split on issuing marriagelicenses to gay couples (21)

Name of driver suspected in fataldrunken crash released

Federal judge declines to stop gaymarriages in Wisconsin (362)

Packers double land owned nearLambeau Field in 4 years (1)

Belleville boy, 9, injured in fall from ATV

More

Today's PaperSubscribe Subscriber Login Search JSOnline

News Watchdog Opinion Sports Business Food Entertainment Lifestyle Multimedia Marketplace Jobs Autos Homes

ByJason Stein, Patrick Marleyand Dana Fergusonof the Journal Sentinel Updated: 3:00 p.m.

705Recommend

Exhibit B

http://www.jsonline.com/http://www.jsonline.com/newshttp://www.jsonline.com/news/wisconsinhttps://twitter.com/intent/tweet?original_referer=http%3A%2F%2Fwww.jsonline.com%2Fnews%2Fwisconsin%2Fas-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html&text=Federal%20judge%20declines%20to%20stop%20gay%20marriages%20in%20Wisconsin&tw_p=tweetbutton&url=http%3A%2F%2Fwww.jsonline.com%2Fnews%2Fwisconsin%2Fas-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.htmlhttp://twitter.com/search?q=http%3A%2F%2Fwww.jsonline.com%2Fnews%2Fwisconsin%2Fas-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.htmlhttp://www.jsonline.com/multimedia/photos/gay-weddings-continue-in-wisconsin-b99286640z1-262256921.htmlhttp://www.jsonline.com/multimedia/photos/gay-weddings-continue-in-wisconsin-b99286640z1-262256921.htmlhttp://www.jsonline.com/multimedia/photos/federal-judge-overturns-wisconsins-gay-marriage-ban-b99286290z1-262190761.htmlhttp://www.jsonline.com/multimedia/photos/federal-judge-overturns-wisconsins-gay-marriage-ban-b99286290z1-262190761.htmlmailto:[email protected]://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html?page=1http://www.jsonline.com/blogs/news/262169171.htmlhttp://www.jsonline.com/blogs/news/262169171.htmlhttp://www.jsonline.com/blogs/news/262169171.htmlhttp://www.jsonline.com/blogs/news/262169171.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/newswatch/262422391.htmlhttp://www.jsonline.com/newswatch/262422391.htmlhttp://www.jsonline.com/newswatch/262422391.htmlhttp://www.jsonline.com/newswatch/262422391.htmlhttp://www.jsonline.com/newswatch/262367731.htmlhttp://www.jsonline.com/newswatch/262367731.htmlhttp://www.jsonline.com/newswatch/262367731.htmlhttp://www.jsonline.com/newswatch/262367731.htmlhttp://www.jsonline.com/newswatch/262415991.htmlhttp://www.jsonline.com/newswatch/262415991.htmlhttp://www.jsonline.com/newswatch/262415991.htmlhttp://www.jsonline.com/newswatch/262415991.htmlhttp://www.jsonline.com/newswatch/262413701.htmlhttp://www.jsonline.com/newswatch/262413701.htmlhttp://www.jsonline.com/newswatch/262413701.htmlhttp://www.jsonline.com/newswatch/262413701.htmlhttp://www.jsonline.com/newswatch/262413261.htmlhttp://www.jsonline.com/newswatch/262413261.htmlhttp://www.jsonline.com/newswatch/262413261.htmlhttp://www.jsonline.com/newswatch/262413261.htmlhttp://www.jsonline.com/newswatch/262413191.htmlhttp://www.jsonline.com/newswatch/262413191.htmlhttp://www.jsonline.com/newswatch/262413191.htmlhttp://www.jsonline.com/newswatch/262413191.htmlhttp://www.jsonline.com/newswatch/262397131.htmlhttp://www.jsonline.com/newswatch/262397131.htmlhttp://www.jsonline.com/newswatch/262397131.htmlhttp://www.jsonline.com/newswatch/262397131.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.html?page=1http://www.jsonline.com/news/wisconsin/name-of-driver-suspected-in-fatal-drunken-crash-released-b99287334z1-262389241.htmlhttp://www.jsonline.com/news/wisconsin/name-of-driver-suspected-in-fatal-drunken-crash-released-b99287334z1-262389241.htmlhttp://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.htmlhttp://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.htmlhttp://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html?page=1http://www.jsonline.com/news/wisconsin/packers-double-land-owned-near-lambeau-field-in-4-years-b99287189z1-262362881.htmlhttp://www.jsonline.com/news/wisconsin/packers-double-land-owned-near-lambeau-field-in-4-years-b99287189z1-262362881.htmlhttp://www.jsonline.com/news/wisconsin/packers-double-land-owned-near-lambeau-field-in-4-years-b99287189z1-262362881.html?page=1http://www.jsonline.com/news/wisconsin/belleville-boy-9-injured-in-fall-from-atv-b99287175z1-262359541.htmlhttp://www.jsonline.com/news/wisconsin/headlineshttp://milwaukeejournalsentinel.wi.newsmemory.com/https://subscriber.jsonline.com/subscriberpage.aspxhttp://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html?subscriber_login=yhttp://www.jsonline.com/newshttp://www.jsonline.com/watchdoghttp://www.jsonline.com/news/opinionhttp://www.jsonline.com/sportshttp://www.jsonline.com/businesshttp://www.jsonline.com/features/foodhttp://www.jsonline.com/entertainmenthttp://www.jsonline.com/freshhttp://www.jsonline.com/multimediahttp://www.jsonline.com/classifiedhttp://jobs.jsonline.com/http://www.jsonline.com/autos/http://www.jsonline.com/homes/mailto:[email protected]:[email protected]:[email protected]://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html?subscriber_login=yhttp://milwaukeejournalsentinel.wi.newsmemory.com/http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bctid=3610294509001mailto:[email protected]:[email protected]:[email protected]://www.jsonline.com/homes/http://www.jsonline.com/autos/http://jobs.jsonline.com/http://www.jsonline.com/classifiedhttp://www.jsonline.com/multimediahttp://www.jsonline.com/freshhttp://www.jsonline.com/entertainmenthttp://www.jsonline.com/features/foodhttp://www.jsonline.com/businesshttp://www.jsonline.com/sportshttp://www.jsonline.com/news/opinionhttp://www.jsonline.com/watchdoghttp://www.jsonline.com/newshttp://www.jsonline.com/http://ox-d.jrn.com/w/1.0/rc?ts=1fHBpZD0xNjg1MnxyaWQ9MzE2NWMzNjQtMmMzZi00YzI5LWFmOWEtMjk4Zjc2ZjdmMTlifHJ0PTE0MDIzNDU1NDB8YXVpZD00MzkzMDF8YXVtPURNSUQuV0VCfHNzaWQ9MzQxMTh8c2lkPTc4ODgyfHB1Yj0xMDgyNTB8cGM9VVNEfHJhaWQ9NDFjMGRlZjgtNDM5OS00NTA4LTgzNTQtMTk0NTQzNGJiYWIzfGNsPTF8YWlkPTUzNzIxOTMzMXx0PTF8YXM9NzI4eDkwfGxpZD01MzcxNTg2MTF8b2lkPTUzNzEyNjg4N3xwPTE3MTAwfHByPTE3MTAwfGFkdj0xMTYzNTV8YWM9VVNEfHBtPVBSSUNJTkcuQ1BNfGJtPUJVWUlORy5HVUFSQU5URUVEVk9MVU1FR09BTHxjaT0xfHVyPVl4UXVTNDJKRWohttp://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html?subscriber_login=yhttps://subscriber.jsonline.com/subscriberpage.aspxhttp://milwaukeejournalsentinel.wi.newsmemory.com/http://www.jsonline.com/news/wisconsin/headlineshttp://www.jsonline.com/news/wisconsin/belleville-boy-9-injured-in-fall-from-atv-b99287175z1-262359541.htmlhttp://www.jsonline.com/news/wisconsin/packers-double-land-owned-near-lambeau-field-in-4-years-b99287189z1-262362881.html?page=1http://www.jsonline.com/news/wisconsin/packers-double-land-owned-near-lambeau-field-in-4-years-b99287189z1-262362881.htmlhttp://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html?page=1http://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.htmlhttp://www.jsonline.com/news/wisconsin/name-of-driver-suspected-in-fatal-drunken-crash-released-b99287334z1-262389241.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.html?page=1http://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/newswatch/262397131.htmlhttp://www.jsonline.com/newswatch/262413191.htmlhttp://www.jsonline.com/newswatch/262413261.htmlhttp://www.jsonline.com/newswatch/262413701.htmlhttp://www.jsonline.com/newswatch/262415991.htmlhttp://www.jsonline.com/newswatch/262367731.htmlhttp://www.jsonline.com/newswatch/262422391.htmlhttp://ox-d.jrn.com/w/1.0/rc?ts=1fHJpZD1iNWUyYWRkNS01MTgwLTQ5YzItYWNjMS04NDE4YmY0OGI5Zjd8cnQ9MTQwMjM0NTU0MHxhdWlkPTQ4NDM2NHxhdW09RE1JRC5XRUJ8c2lkPTc4ODgyfHB1Yj0xMDgyNTB8cGM9VVNEfHJhaWQ9OGFhYjMxMDEtMGMzMy00MDI4LThhYzUtNzEzNmI0NjgzMjFjfGNsPTF8YWlkPTE2OTkwODV8dD0xfGFzPTI3MHgzNXxsaWQ9OTkwNDMyfG9pZD0yNzMxMzJ8cD0yNDAwMDAwMDAwMHxwcj0yNDAwMDAwMDAwMHxhZHY9MTE1NDcwfGFjPVVTRHxwbT1QUklDSU5HLkZJWEVEfGJtPUJVWUlORy5HVUFSQU5URUVEU0hBUkVPRlZPSUNFfGNpPTF8dXI9VHowWXFCaGRMcwhttp://www.pasta.com/?a=er&tg=5742http://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/blogs/news/262169171.htmlmailto:[email protected]://www.jsonline.com/rss?c=y&path=/news/wisconsinhttp://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html?page=1http://www.jsonline.com/multimedia/photos/federal-judge-overturns-wisconsins-gay-marriage-ban-b99286290z1-262190761.htmlhttp://www.jsonline.com/multimedia/photos/federal-judge-overturns-wisconsins-gay-marriage-ban-b99286290z1-262190761.htmlhttp://www.jsonline.com/multimedia/photos/gay-weddings-continue-in-wisconsin-b99286640z1-262256921.htmlhttp://www.jsonline.com/multimedia/photos/gay-weddings-continue-in-wisconsin-b99286640z1-262256921.htmlhttp://twitter.com/search?q=http%3A%2F%2Fwww.jsonline.com%2Fnews%2Fwisconsin%2Fas-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.htmlhttps://twitter.com/intent/tweet?original_referer=http%3A%2F%2Fwww.jsonline.com%2Fnews%2Fwisconsin%2Fas-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.html&text=Federal%20judge%20declines%20to%20stop%20gay%20marriages%20in%20Wisconsin&tw_p=tweetbutton&url=http%3A%2F%2Fwww.jsonline.com%2Fnews%2Fwisconsin%2Fas-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.htmlhttp://www.jsonline.com/news/wisconsinhttp://www.jsonline.com/newshttp://www.jsonline.com/

8/12/2019 14-2266 #14

24/53

Gay and lesbian couples at theMilwaukee C ounty Courthouse

vote

Related Coverage

Federal judge overturnsWisconsin's gay marriageban

Couples rush tocourthouses

Same-sex weddingscontinue Sa turday after

judge strikes down ban

Federal judge declines tostop gay marriages inWisconsin

Counties split on issuingmarriage licenses to gaycouples

James E. Causey:Howmy thinking evolved ongay marriage

Jim Stingl:Courthousefilled with spontaneous joy,for once

Ruling: Read JudgeBarbara Crabb's ruling onsame-sex marriages inWisconsin

Appeal:Attorney GeneralJ.B. Van Hollen files for astay with the federalappeals court

Statement:AttorneyGeneral J.B. Van Hollenseeks stay on ruling

Reactions and Photos:Couples getting married inMilwaukee, Dane counties

Editorial: Court ruling is avictory for all Americans

Poll

Do you agree with U.S.

District Judge Barbara

Crabb's ruling

overturning Wisconsin's

ban on same-sex

marriages?

Yes

No

View Results

.case, the Republican attorney general asked Crabb for a stay onFriday evening and again in Monday's hearing and also filed a petitionMonday morning for a staywith the federal 7th Circuit Court ofAppeals in Chicago.

Dane County Clerk Scott McDonell, a Democrat, stepped out ofCrabb's hearing Monday and said he w ould continue to issuemarriage licenses to same-sex couples.

"The status quo is what w e're doing now and (19) other counties,which is issuing marriage licenses," McDonell told reporters.

Later, he acknowledged, "I'm sure that's not what the state meansby status quo."

Backing up McDonell was David Gault, an assistant corporationcounsel in Dane County, which is controlled by a Democratic countyexecutive and liberal county board. Gault said Crabb's decision Fridaywas "unambiguous" and that there is no prohibition on same-sexcouples getting married.

"We're not speculating," he said. "We're following the black letter ofher decision."

Attorneys for the state Department of Justice, which is defending thegay marriage ban, declined comment on Crabb's comment as they leftthe federal courtroom.

In a statement earlier Monday, Van Hollen said it made no sense tolet marriages go forward right away when the courts are likely to putthem back on hold, at least temporarily, and leave those couples inlegal limbo.

"The U.S. Supreme Court w ill almost certainly decide this importantissue once and for a ll during its next term. There is absolute ly noreason to allow Wisconsin's county clerks to decide for themselves, on

a county-by-county basis, who may and may not law fully get marriedin this state," he said.

In the meantime Monday, some county clerks and registers of deedsin Wisconsin are moving forward w ith issuing marriage license s andcertificates to more same-sex couples, wh ile o ther county o fficialswere wa iting for clarification from the sta te on Crabb's ruling.

Also Monday, Dane County Register of Deeds Kristi Chlebowskidelivered the first ba tch of finalized same-sex marriage certificates tostate officials. That led to unprecedented uncertainty about whetherGov. Scott Walker's administration would accept the certificates, asthe typically clerical elements o f a marriage contract be comepoliticized and fraught with controversy.

Chlebowski said that as of 12:30 p.m. she had received about 60marriage licenses that we re issued over the w eekend. She said shesent out five marriage certificates at that point and hand deliveredfive copies to the Wisconsin Department o f Health Services VitalRecords o ffice.

"We're just going to keep cranking them out until they tell us not to,"Chlebowski said.

Carl Tobias, a professor at the University of Richmond School of Law ,said that he was cautiously expecting either Crabb or the 7th circuitto issue a temporary stay of Crabb.

Tobias, who has followed the surge in lawsuits over gay marriagearound the country, pointed to an Idaho case in which the 9th CircuitCourt of Appeals issued a temporary stay of a decision striking downa gay marriage ban. That case cited another stay that was issued bythe U.S. Supreme Court in a s eparate but s imilar case in Utah.

"It's a reluctant yes," Tobias said of his hunch that a stay is coming."That's the way things have played out (elsewhere.)"

After couples get married, they submit marriage certificates to the county register of deeds, which thenfiles them with the vital records office of the state Department of Hea lth Services. Officials there a reseeking advice from the attorney gene ral on what to do with them, said department spokesw oman

Jennifer Miller.

Crabb's 88-page decisionwas different from the others around the country because although she ruledWisconsin's ban against same-sex marriage was unconstitutional, she did not issue an order instructingcounty and state officials on what to do about it.

That left county clerks and judges to decide for themselves.

From Friday to Saturday, 283 same-sex couples were issued marriage licenses in Dane and Milwaukeecounties, according to Van Hollen's filing. Other counties did not issue licenses those dates.

"The district court's Opinion and Order has thus created a legal environment in which Wisconsin's countyclerks are deciding on a county-by-county basis whether to issue marriage licenses to same-sex couplesimmediately or wait for the d istrict court to enter injunctive relief or rule on State Defendants' motions tostay," Department of Justice lawyers argued in a Monday filing.

In setting up a hearing on a stay by telephone for Monday afternoon, Crabb moved swiftly by thestandards of a federal court and judge. But in Monday's filing with the 7th Circuit, state Department ofJustice attorneys argued Crabb had effectively denied the stay request by not ruling on it Friday andasked the 7th Circuit to step in.

Photos of the Week Gay couples marry,from Milwaukee toAppleton

Bay View GalleryNight

Barneveld leveled bytornado in 1984

1 of 3

Rivers Rebo rn:Milwaukee Riverheadwaters

In Motion:Grasshopper pushup

In Motion: 1 ArmRotational Press

Gay and lesbiancouples at theMilwaukee CountyCourthouse

MORE FROM THE AP

Federal judge delays acting on Wisconsinattorney general's request to halt gaymarriages

Average Veterans Affairs wait time highestfor Wisconsin patients going to Madisonhospital

Sheriff's office investigating late 1960s deathof inmate from Waupun State Prison

Gay couples convince county clerk inAppleton to accept marriage licenseapplications

Police say remains of 2 people found in a paiof suitcases in Wisconsin are female

Specialized divers begin recovery of pilot'sbody, plane wreckage in Lake Superior

Rock C ounty town chairman opposes statepurchase of land to expand wildlife area

Packers fan whose oversize Super Bowl ringwas stolen gets offers of replacement

Taekwondo black belt Miss Nevada NiaSanchez named Miss USA; moves to MissUniverse contest

Gay pride parade in Salt Lake C ity celebratesprogress toward legalization of gay marriage

PHOTO GALLERIES

Get the news in photos w ith the latestgalleries from JSOnline. View all galleries

JSONLINE VIDEO

Browse the latest JSOnline video below andfind more on our video home page.

Case:14-2266 Document: 14-4 Filed: 06/11/2014 Pages: 4 (24 of
http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bctid=3610294509001http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bcplid=1842745343&bctid=3610294509001http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bcplid=1842745343&bctid=3591086049001http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bcplid=1842745343&bctid=3591086047001http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bcplid=1842745343&bctid=3605773240001http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bctid=3610294509001http://www.jsonline.com/multimedia/videohttp://www.jsonline.com/photoshttp://hosted.ap.org/dynamic/stories/U/UT_GAY_PRIDE_PARADE_UTAH_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/U/US_MISS_USA_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/W/WI_OVERSIZED_PACKERS_RING_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/W/WI_WILDLIFE_AREA_EXPANSION_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/M/MN_DULUTH_PLANE_CRASH_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/U/US_HUMAN_REMAINS_SUITCASES_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/W/WI_GAY_MARRIAGE_WISCONSIN_OUTAGAMIE_COUNTY_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/W/WI_PRISON_INMATE_DEATH_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/W/WI_VETERANS_HEALTH_CARE_WISCONSIN_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://hosted.ap.org/dynamic/stories/U/US_GAY_MARRIAGE_WISCONSIN_WIOL-?SITE=WIMIL&SECTION=STATE&TEMPLATE=DEFAULThttp://www.jsonline.com/news/wisconsin/headlineshttp://www.jsonline.com/multimedia/video/?bcpid=13960334001&bcplid=1842745343&bctid=3610294509001http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bcplid=1842745343&bctid=3591086049001http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bcplid=1842745343&bctid=3591086047001http://www.jsonline.com/multimedia/video/?bcpid=13960334001&bcplid=1842745343&bctid=3605773240001http://www.jsonline.com/multimedia/photos/photo-flashback-barneveld-leveld-by-tornado-30-years-ago-b99283851z1-262359841.htmlhttp://www.jsonline.com/multimedia/photos/photo-flashback-barneveld-leveld-by-tornado-30-years-ago-b99283851z1-262359841.htmlhttp://www.jsonline.com/entertainment/multimedia/photos/bay-view-gallery-night-june-2014-262401521.htmlhttp://www.jsonline.com/entertainment/multimedia/photos/bay-view-gallery-night-june-2014-262401521.htmlhttp://www.jsonline.com/multimedia/photos/gay-weddings-continue-in-wisconsin-b99286640z1-262256921.htmlhttp://www.jsonline.com/multimedia/photos/gay-weddings-continue-in-wisconsin-b99286640z1-262256921.htmlhttp://www.jsonline.com/multimedia/photos/210736761.htmlhttp://www.jsonline.com/multimedia/photos/210736761.htmlhttp://localhost/var/www/apps/conversion/tmp/scratch_9/media.jrn.com/documents/gaymarriageruling.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/media.jrn.com/documents/gaymarriageappeal.pdfhttp://www.jsonline.com/blogs/news/262170971.htmlhttp://www.jsonline.com/blogs/news/262179291.htmlhttp://localhost/var/www/apps/conversion/tmp/scratch_9/media.jrn.com/documents/StatementfromAG6-6-2014.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_9/media.jrn.com/documents/gaymarriageappeal.pdfhttp://www.jsonline.com/blogs/news/262169171.htmlhttp://www.jsonline.com/news/milwaukee/courthouse-filled-with-spontaneous-joy-for-once-b99286472z1-262244591.htmlhttp://www.jsonline.com/news/opinion/how-my-thinking-evolved-on-gay-marriage-b99287480z1-262406741.htmlhttp://www.jsonline.com/news/wisconsin/counties-split-on-whether-to-issue-marriage-licenses-to-gay-couples-b99287392z1-262397131.htmlhttp://www.jsonline.com/news/wisconsin/as-more-gay-couples-seek-to-marry-some-counties-tell-them-to-wait-b99287197z1-262367731.htmlhttp://www.jsonline.com/news/wisconsin/37535973-mjs_gaymarriage08p1jpg-b99286470z1-262240081.htmlhttp://www.jsonline.com/news/statepolitics/gay-marriages-under-way-in-madison-after-ruling-b99286218z1-262180041.htmlhttp://www.jsonline.com/news/statepolitics/federal-judge-overturns-wisconsins-gay-marriage-ban-b99286138z1-262161851.htmlhttp://www.jsonline.com/multimedia/video/?bcpid=13960334001&bctid=3610294509001

8/12/2019 14-2266 #14

25/53

362 Comments Read and share your thoughts on this story.

"By failing to grant an immediate stay of its declaration, the district court has disrupted the lega l statusquo, thereby causing irreparable harm to the state's interest in the consistent and uniform enforcementof duly enacted state laws," Van Hollen's lawyers wrote.

Some same-sex couples felt an urgency to exchange their vows before any potential stay could behanded down.

Scrawled in colorful chalk on the Dane County courthouse landing the words "Love wins" served as areminder of the 137 same-sex marriages that took place there over the w eekend.

At the Dane County courthouse, the scene was emptier than Friday night and Saturday. But a fewcouples were still passing by the landing outside, past the words "Love wins" written there in colorfulchalk, signing marriage licenses inside, and then w alking back into the sunlight, one couple at a time, tobe married on the courthouse ste ps.

Kaylen York and Elyse Kleist, who have been together for about two years, proudly held a gold

envelope emblazoned w ith the w ords "Marriage License."

Both had to work Friday so they decided to wait until Monday morning to make the ir union official.

"We w eren't sure if there would be time for us to get it before a s tay came through or before (thedecision) was overruled," York said. "So we took a chance and sa id, 'We'll wait until Monday to makesure it's still official and, if it is, we 'll make it happen.'"

"And we got lucky," Kleist said.

York said she worried their new marriage would be nullified by a stay on the decision.

"We don't know if it will still be legal," York said. "But we thought we would take the chance."

A Dane County employee said there was no count on marriage licenses issued on Monday before 10a.m. But the county issued 61 marriage license s Friday night between 5 p.m. and 9 p .m. and 76 licensebetween 9 a.m. and 5 p.m. Saturday.

Other couples, including two of the original plaintiffs challenging the s tate ban, weren't moving soquickly Monday.

Garth Wangemann and Roy Badger said they have postponed the ir wedding at the recommendation ofthe American Civil Liberties Union of Wisconsin, which is representing the plaintiffs.

"I feel kind of torn. Part of me just wants to run down to the courthouse, but another part wants to wa ituntil we know we're in the clear," Badger said Monday morning. "I want to make sure it's not beingripped away from us again."

Dane County Circuit Court Judge Rhonda Lanford said Friday that she could not comment on anypossible stay, but said then that she planned to wed couples through the night and into the weekend.

"Marriage is legal in the state of Wisconsin," Lanford said. "We'll marry as many people as we can.

Julaine Appling, executive director of Wisconsin Family Action, said Crabb should have heeded VanHollen's advice to stay the decision. Appling's group helped promote the referendum that banned same-sex marriage in 2006 and more recently filed a friend-of-the-court brief in the case .

"Obviously some counties are issuing and obviously some counties are saying, 'No, we should wait forthe attorney general's ruling,'" Appling said. "It's exactly the ambiguous situation we all hoped toavoid."

In addition to sorting out the issue in an unambiguous way, Appling said she hopes the 7th Circuit willmake a decision promptly on Van Hollen's appeal.

"We need to get rid of the chaos and confusion going on with the county clerks," Appling said. "Thehorse has left the barn and now the legal minds are going to have to figure it out on this one."

Also Monday, a moderate GOP state senator renounced his previous support for the gay marriage ban.Sen. Dale Schultz (R-Richland Center) was the Senate Majority Leader in 2006 when the stateconstitutional amendment banning gay marriage and civil unions passed the Legislature and was thenapproved in a statew ide referendum with 59% of the vote.

In a column released Monday, he said he brought it forward and voted for it at the time because at thetime it represented both his personal views and those of a majority of state residents.

"I would like to think that we, as a society, possess a willingness and ability to evolve when presentedwith new facts and evidence," Schultz wrote in a column. "Whether we all agree in our personal worldsof faith, or even what's comfortable in our own eyes, a clear majority now feel people are entitled tobasic rights and privileges regardless of orientation because it most likely affects someone we know."

Ashley Luthern of the Journal Sentinel staff contributed to this report.

You might like what's this?

Page 1 of 2

most read commented e-mailed

MOST POPULAR - NEWS

Federal judge declines to stop gay marriagesin Wisconsin

Deputy who hurt woman i

Documents

14-2266 #14