MADISON, Wis (WSAU-Wheeler News) The state Justice Department says it will file an appeal soon to Federal Judge Barbara Crabb's decision that Wisconsin's gay marriage ban is unconstitutional. Justice spokeswoman Dana Brueck also reaffirmed the attorney general's contention that the same-sex marriages performed in the state last month are "uncertain."
J-B Van Hollen still contends that county clerks did not have the authority to issue close to 600 same-sex marriage licenses in the days after Crabb's ruling -- which she later put on hold while it's being appealed. Yesterday the A-C-L-U said it would file a lawsuit to try-and-validate the Wisconsin marriages, if the state presses the issue in the federal appeals court. Molly Collins of A-C-L-U said the state's refusal to recognize the same-sex marriages violates the couples' due-process rights to stay married.
The A-C-L-U is the main plaintiff in a suit that seeks to strike down the 2006 state constitutional ban on gay marriage and civil unions.