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The federal judge who struck down Wisconsin's 2006 gay marriage ban late last week refused the state attorney general's request to halt the issuing of marriage licenses.
As previously reported, U.S. District Judge Barbara Crabb ruled the ban was unconstitutional because it violated the right for equal protection and due process.
However, she asked that the ACLU specifically point out what they want struck from the law, which left many in the state confused about whether marriage licenses could be issued right away.
So county clerks in Madison and Milwaukee began issuing the licenses as well as waiving the five-day waiting period, but not all have followed suit, reports The Associated Press. Some counties won't waive the waiting period, while others refuse to issue licenses until Attorney General J.B. Van Hollen talks to them.
Clerks in La Crosse and St Croix said they plan on holding off from issuing licenses until June 16, when the ACLU has to file its response.
When rejecting Hollen's request, Crabb noted that she wanted to see the ACLU's order on the issue before she would be willing to consider suspending licenses for the time being. The attorney general has now turned towards the 7th U.S. Circuit Court for help.
Hollen said in a statement, "There is absolutely no reason to allow Wisconsin's county clerks to decide for themselves, on a county-by-county basis, who may and may not lawfully get married in this state."