The plaintiffs in a lawsuit agreed Tuesday not to ask for a temporary halt to enforcement of Wisconsin’s ban on gay marriage but instead are asking the judge to issue a quick decision in the case.

U.S. District Judge Barbara Crabb last week had recommended the move. Crabb cited the flurry of lawsuits around the country in which judges have halted enforcement of bans on same-sex marriage only to have those injunctions immediately overturned.

The American Civil Liberties Union, which sued on behalf of eight gay couples, said it was withdrawing its request for a temporary injunction after district attorneys in Milwaukee and Eau Claire counties agreed not to prosecute two of the plaintiff couples.

An obscure Wisconsin law makes it a crime to go to another state to contract a marriage that is “prohibited or declared void under the laws of the state.” However, district attorneys John Chisholm of Milwaukee County and Gary King of Eau Claire County have both determined the law does not apply to the couples, who were recently married in Minnesota, according to a stipulation filed Tuesday with the U.S. District Court in Madison.

“Accordingly, plaintiffs withdraw their motion for preliminary relief in favor of final resolution on an expedited schedule as the court has recommended,” the ACLU memorandum said.

The plaintiffs suggested that both sides file a series of motions and responses to summary judgment by April 24. The Department of Justice, which is representing the state, declined to comment.

Two of the defendants — Dane County Clerk Scott McDonell and Milwaukee County Clerk Joseph Czarnezki — oppose the state’s constitutional ban on gay marriage and are being represented by corporation counsel for those counties.

You might also like

(1) comment


Excellent news…. this will move the lawsuit through the courts faster.

The courts will force Wisconsin into the 21st Century.

Welcome to the discussion.

Keep it clean. Exchange ideas and opinions on posted articles. Don't promote products or services, impersonate other site users, register multiple accounts, threaten or harass others, post vulgar, abusive, obscene or sexually oriented language. Don't post content that defames or degrades anyone. Don't repost copyrighted material; link to it. In other words, stick to the topic and play nice. Report abuses by clicking the button. Users who break the rules will be banned from commenting. We no longer issue warnings. Use the 'Report' link on each comment to let us know of abusive posts.