Judge proposes speedy trial for gay-marriage lawsuit

2014-03-05T04:30:00Z Judge proposes speedy trial for gay-marriage lawsuitDEE J. HALL | Wisconsin State Journal | dhall@madison.com | 608-252-6132 madison.com

Citing rulings in a spate of similar lawsuits across the country, U.S. District Judge Barbara Crabb on Tuesday declined to issue a preliminary injunction halting enforcement of Wisconsin’s ban on same-sex marriage.

But Crabb signaled that she plans to move quickly to decide the case — even if the American Civil Liberties Union of Wisconsin declines her advice to withdraw its motion for a preliminary injunction.

Crabb said the plaintiffs should consider pursuing a “swift, final determination” in U.S. District Court in Madison “rather than litigating the case in multiple stages with no clear benefits to either side.”

Crabb said any preliminary injunction she might approve would be instantly challenged, likely leading to a stay of that injunction.

“Of course, the premise of a preliminary injunction is that relief is needed now and cannot wait until the case is fully litigated,” Crabb wrote. “If a preliminary injunction must be stayed as soon as it is entered, it is not clear what purpose it serves.”

Crabb said if the ACLU doesn’t withdraw its motion for a temporary injunction by March 11, “I will deny the motion ... and the case will proceed to summary judgment on an expedited schedule.”

Lawsuits challenging state bans on gay marriage have proliferated since June when the U.S. Supreme Court struck down the federal Defense of Marriage Act that denied federal benefits to married same-sex couples. Seventeen states plus the District of Columbia now allow same-sex marriage.

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(6) Comments

  1. Wis_taxpayer
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    Wis_taxpayer - March 06, 2014 12:52 pm
    This just scares the heck out of the GOP
  2. mzd
    Report Abuse
    mzd - March 05, 2014 6:49 am
    The writings on the wall. Today Reuters reports...

    "(Reuters) - Republicans from Western states on Tuesday urged a U.S. appeals court to rule state bans on gay marriage unconstitutional, an aide said, citing shifts in the cultural standpoints of some conservatives in a broad national debate."
  3. mzd
    Report Abuse
    mzd - March 05, 2014 5:38 am
    The writing is on the wall. See

    Western Republicans urge U.S. appeals court to back gay marriage
    http://www.reuters.com/article/2014/03/05/us-usa-gaymarriage-west-idUSBREA240CH20140305
  4. NotBeingPaid
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    NotBeingPaid - March 04, 2014 9:17 pm
    Progress will come to Wisconsin, despite the bigots continuing to kick and scream. Liberals are on the right side of history in this topic, as they were fifty years ago when it came to interracial marriage.

    History will scowl upon the GOP and other bigots that fought so hard to deny equal rights to gays.

    And to those opposed... Your children and grandchildren are already ashamed of you. It's time to look forward.
  5. Wis_taxpayer
    Report Abuse
    Wis_taxpayer - March 04, 2014 6:41 pm
    The future is upon us
  6. wrkrbee1
    Report Abuse
    wrkrbee1 - March 04, 2014 6:05 pm
    crickets

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