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The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

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Same-sex couples in Wisconsin wait on marriage decision from Supreme Court

Same-sex+couples+in+Wisconsin+wait+on+marriage+decision+from+Supreme+Court
 

Same-sex couples hoping to marry in Wisconsin will wait to hear whether the U.S. Supreme Court will take the case late September.

The Seventh Circuit of Appeals accepted Wisconsin Attorney General Van Hollen’s request Wednesday to stay U.S. District Judge Barbara Crabb’s ruling of the unconstitutionality of the state’s gay marriage ban.

In June 2014, Crabb ruled in favor of the motion that Wisconsin’s Constitutional ban of gay marriage was infringing upon equal protection rights of same-sex couples, in violation of the United States Constitution.

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Hundreds of gay couples were married that week, only to have Crabb stay her own ruling a week later until all pending or active appeals are resolved in the case, said Molly Collins, spokesperson for the American Civil Liberties Union.

In an unanimous decision earlier this month, three judges on the Seventh U.S. Circuit Court of Appeals upheld Crabb’s ruling from June in favor of the motion that Wisconsin’s constitutional ban of gay marriage was infringing upon the equal protection rights of same-sex couples, making it in violation of the U.S. Constitution.

This stay left many couples in limbo, not knowing whether their marriage was valid to the state or if gay couples that are not married have the legal privilege to marry in the state of Wisconsin, Collins said.

Joey Reuteman/The Badger Herald

This state of confusion prompted the ACLU to file a federal lawsuit Wednesday representing four couples, asking the courts to recognize the validity of gay couples that married the week between Crabb’s ruling and her stay.

In response to the recent ruling by the Seventh U.S. Circuit of Appeals, Van Hollen is attempting to take the case to the U.S. Supreme Court, hoping to receive a ruling deeming the Wisconsin constitutional ban on same-sex marriage to be compliant with the U.S. Constitution.

After a ruling by the Seventh Circuit blocking its own order on a similar case in Indiana, Van Hollen asked the Seventh Circuit to publically declare Crabb’s ruling from June to be stayed to avoid any confusion in that state on the status of the ban.

The attorneys representing the eight clients challenging Wisconsin’s marriage law agree with Van Hollen on the need for the Supreme Court to take the case and weigh in with their opinion.

“Our goal for all same-sex married couples is for them to have the freedom to move from state to state for their jobs or personal aspirations, without having to worry about whether the state will recognize their marriage,” Collins said.

University of Wisconsin political science professor, and The Badger Herald adviser Donald Downs said he believes the Supreme Court will uphold the U.S. Seventh Circuit Court of Appeals’ ruling, if they decide to accept the case in the end of September due to the prestige and strength of the court.

“The movement of allowing gay marriage has really picked up steam over the years and is a very popular subject, so I believe the democratic justices of the Supreme Court and Justice Kennedy, appointed by Reagan, will rule in favor on gay marriage bans being unconstitutional, giving them the required five votes to pass a favorable ruling,” Downs said.

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