A federal judge denied a request by the state of Wisconsin to delay a case regarding the constitutionality of the state’s gay marriage amendment, according to a court order.
The state had requested earlier this month the case be put on hold until the Wisconsin Supreme Court rules on a different case involving the legality of the state’s domestic partnership registry, but U.S. District Judge Barbara Crabb said in the order Monday the ruling would have no effect on the same-sex marriage amendment case.
“As the plaintiffs point out, if the Wisconsin Supreme Court upholds the domestic partnership law, nothing changes,” Crabb wrote in the order denying the request. “If the court invalidates the law, the only effect is to make the deprivation imposed on plaintiffs by [the amendment defining marriage as between a man and woman] more severe. Thus, it is difficult to envision any scenario in which the state defendants could rely on the Supreme Court’s decision to strengthen their position.”
The lawsuit, announced early last month, is being prosecuted by the American Civil Liberties Union on behalf of eight plaintiffs who aim to eliminate Wisconsin’s gay marriage ban, which prohibits any type of same-sex union similar to marriage.
Wisconsin’s ban is the only one in the country that allows criminal penalties for same-sex couples who leave the state to marry for federal benefits.
Correction: A previous headline on this story incorrectly stated the state Supreme Court would not delay the hearing. We regret the error.
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