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Wisconsin attorney general files to halt same-sex marriages in state Wisconsin attorney general files to halt same-sex marriages in state
(about 2 hours later)
Gay couples seeking marriage licenses were briefly turned away in some Wisconsin counties on Monday, with clerks waiting for guidance from the courts or state government before accepting applications. Gay couples in Wisconsin convinced some county clerks to give them licenses Monday so they could wed before an expected hold on a judge's decision declaring the state's gay marriage ban unconstitutional.
After couples insisted they would not be turned away, clerks in Appleton and Green Bay began accepting applications for licenses late Monday morning. The Outagamie County clerk began accepting license applications after nearly 100 people refused to leave without them. Other clerks, however, refused to act without an order from the court or state, which is appealing the judge's decision.
Hundreds of couples married over the weekend in Milwaukee and Madison after a federal judge declared Wisconsin's ban on gay marriages unconstitutional. County clerks in the state's two largest cities extended office hours to allow couples to take advantage of what most believe will be a narrow window before the judge's decision is put on hold. Hundreds of couples married over the weekend in Milwaukee and Madison after county clerks in the state's two largest cities extended office hours following the federal judge's ruling Friday. Couples living elsewhere had to wait until Monday to get licenses because Wisconsin requires residents to apply in the counties where they live.
US District Judge Barbara Crabb has scheduled a 1pm hearing on Republican Attorney General JB Van Hollen's request for an emergency stay to keep more licenses from being issued. Van Hollen also has appealed Crabb's decision to the seventh US circuit court of appeals and asked it for a stay. U.S. District Judge Barbara Crabb scheduled a 1pm hearing on Republican Attorney General JB Van Hollen's request for an emergency stay to keep more licenses from being issued. Van Hollen also has appealed Crabb's decision to the 7th U.S. Circuit Court of Appeals and asked it for a stay.
Clerks in several counties originally said they would not issue licenses until they have received directions from the Wisconsin Vital Records Office, which keeps marriage records. Jennifer Miller, a spokeswoman for the Department of Health Services, which oversees vital statistics, said it would not issue any guidance until it received directions from Van Hollen. Dozens of couples were initially refused licenses in Appleton, Green Bay and elsewhere while county clerks in those communities weighed what to do and sought advice from the Wisconsin Vital Records Office, which keeps marriage records. Nearly 100 people at the Outagamie County Clerk's office in Appleton objected when told they could not apply for licenses.
Brown County Deputy Clerk Justin Schmit said he turned away about 15 couples in Green Bay on Monday morning, and an employee in the Racine County clerk's office said she had too. "We gathered in hopes of getting a license. We were told that would not be happening. We did tell them we weren't leaving until licenses were issued," said Kathy Flores, 47, of Appleton, who sought a license to marry her partner, Ann Kendzierski.
Soon after, Outagamie County attorney Joe Guidote told couples that he had advised Clerk Lori O'Bright to accept applications for licenses, although she would not waive Wisconsin's five-day waiting period, as clerks in Milwaukee and Madison did. Flores said later that she knew one couple who received a waiver because a parent was very ill.
Brown County Clerk Sandy Juno said she decided to go ahead and issue licenses to about 10 couples at her Green Bay office after failing to reach anyone in the Wisconsin Vital Records Office. She said she explained to couples the work would stop as soon as a court put the judge's decision on hold.
"My staff will be missing their lunch hour to provide as much service as we can to get couples processed," Juno said.
Crabb's decision created some confusion among clerks because she declared the ban unconstitutional but also said she wanted the American Civil Liberties Union to tell her exactly what it wanted her to block in the gay marriage law. The ACLU filed a lawsuit challenging the ban in January on behalf of eight gay couples.Crabb's decision created some confusion among clerks because she declared the ban unconstitutional but also said she wanted the American Civil Liberties Union to tell her exactly what it wanted her to block in the gay marriage law. The ACLU filed a lawsuit challenging the ban in January on behalf of eight gay couples.
"Phones have been ringing off the hook. We've probably fielded 20 calls" from couples interested in applying for licenses, La Crosse County Clerk Ginny Dankmeyer said."Phones have been ringing off the hook. We've probably fielded 20 calls" from couples interested in applying for licenses, La Crosse County Clerk Ginny Dankmeyer said.
But she said she had been told by a county attorney not to issue licenses until after Crabb's 16 June deadline for the ACLU to respond. St Croix County deputy clerk Cheryl Harmon said her office in Hudson had been told the same thing by its attorney and also was waiting.But she said she had been told by a county attorney not to issue licenses until after Crabb's 16 June deadline for the ACLU to respond. St Croix County deputy clerk Cheryl Harmon said her office in Hudson had been told the same thing by its attorney and also was waiting.
A few counties joined Milwaukee and Dane County – which includes the state capital of Madison – in issuing licenses. Kenosha County Clerk Mary T Schuch-Krebs said she gave a license to one couple Monday after waiving the five-day waiting period. The couple told her they planned to marry that night at a relative's home.A few counties joined Milwaukee and Dane County – which includes the state capital of Madison – in issuing licenses. Kenosha County Clerk Mary T Schuch-Krebs said she gave a license to one couple Monday after waiving the five-day waiting period. The couple told her they planned to marry that night at a relative's home.
Schuch-Krebs said she considered Crabb's ruling enough guidance.Schuch-Krebs said she considered Crabb's ruling enough guidance.
"I don't see anything that tells me otherwise. What law would I cite to tell them they couldn't marry?" she said."I don't see anything that tells me otherwise. What law would I cite to tell them they couldn't marry?" she said.
Milwaukee and Dane counties issued 283 marriage licenses to same-sex couples on Friday and Saturday. The numbers might have been higher in Dane County, where 137 licenses were issued, except many residents were already in Milwaukee for the start of PrideFest, an annual gay festival, when Crabb's decision was announced Friday afternoon. Wisconsin requires residents to apply for marriage licenses in the counties where they live.Milwaukee and Dane counties issued 283 marriage licenses to same-sex couples on Friday and Saturday. The numbers might have been higher in Dane County, where 137 licenses were issued, except many residents were already in Milwaukee for the start of PrideFest, an annual gay festival, when Crabb's decision was announced Friday afternoon. Wisconsin requires residents to apply for marriage licenses in the counties where they live.