Wisconsin AG Concedes Defeat, State Begins Issuing Marriage Licenses

Via the Associated Press:

Wisconsin's Republican attorney general is conceding the fight to preserve the state's gay marriage ban is over. The U.S. Supreme Court on Monday turned away appeals from five states, including Wisconsin, seeking to prohibit same-sex marriages. The order immediately ends delays on marriages in those states. Attorney General J.B. Van Hollen had filed Wisconsin's appeal in hopes of preserving a 2006 state constitutional amendment banning same-sex marriage. His spokeswoman issued a statement Monday saying the Department of Justice made every attempt to defend the state constitution but acknowledged gay marriage is now legal.

And the licenses have begun!

WISCONSIN: Attorney General To Appeal Marriage Ban Overturn To SCOTUS

Wisconsin Attorney General J.B. Van Hollen says he will appeal today's ruling to the Supreme Court.

Van Hollen’s spokeswoman, Dana Brueck, said in an email to The Associated Press that Van Hollen has always believed the case will be decided in the that court. U.S. District Judge Barbra Crabb struck down the ban as unconstitutional in June. Hundreds of gay couples married in the week between her decision and her order staying the ruling pending appeal. Van Hollen asked the 7th Circuit Court of Appeals to reverse Crabb but the court refused on Thursday, saying the ban violates the U.S. Constitution. Brueck says the stay remains in place until all appeals are exhausted.

WISCONSIN: Democrats Tell Governor To Drop Marriage Opposition

Wisconsin Democrats have sent a letter to Gov. Scott Walker and Attorney General J.B. Van Hollen, telling to stop wasting state money on lawsuits to fight same-sex marriage.

Fifteen Democratic state senators and 25 Democratic representatives sent letters to Walker and Van Hollen on Wednesday. Van Hollen last week appealed a federal judge's ruling that the state's ban is unconstitutional. Walker is a named defendant in the lawsuit. Walker spokeswoman Jocelyn Webster says "Walker takes seriously the oath of office that he took to support the Wisconsin Constitution. If others do not take that oath seriously, that is their decision." Van Hollen spokeswoman Dana Brueck says he is fulfilling his oath and doing his job. No date has been set for oral arguments in the case.

Walker has recently been target of barbs from anti-gay groups for his supposed softening on same-sex marriage.

WISCONSIN: Attorney General Appeals Marriage Ruling To Seventh Circuit Court

As he vowed to do last month, GOP Wisconsin Attorney General J.B. Van Hollen today filed an appeal with the Seventh Circuit Court, asking that the June 6th overturn of his state's same-sex marriage ban be voided.

The 7th Circuit last month ordered an expedited schedule in Indiana's case, requiring parties to file all of their briefs on motions no later than Aug. 5, with oral arguments to be scheduled a short time later. Van Hollen had until July 21 to file an appeal, but he said in a statement that the appeals court's decision to speed up the Indiana case led him to do it sooner. "The goal of our timing is simple: to ensure that Wisconsin is placed on equal footing with Indiana, and that our constitution and laws are given timely consideration by the appellate judges," Van Hollen said in an email. Republican Gov. Scott Walker, who is seeking re-election this year and considering a run for president in 2016, was an early vocal supporter of the gay marriage ban and voted for it in 2006. But amid polls showing most Wisconsin voters support gay marriage, Walker has said his position doesn't matter because the governor plays no role in changing the constitution. Walker is a named defendant in the lawsuit and has been supportive of Van Hollen appealing the ruling.

The judge who overturned the ban stayed her own ruling one week later, but not before many couples had married.

WISCONSIN: AG Warns That Clerks Could Be Prosecuted Over Marriage Licenses

Wisconsin Attorney General J.B. Van Hollen today warned that county clerks could be prosecuted for issuing same-sex marriage licenses.

"You do have many people in Wisconsin basically taking the law into their own hands and there can be legal repercussions for that," Van Hollen said. "So, depending on who believes they're married under the law and who doesn't believe they're married under the law may cause them to get themselves in some legal problems that I think are going to take years for them and the courts to work out." He said he did not believe same-sex couples could be prosecuted but that county clerks risked that happening. "That's going to be up to district attorneys, not me," he said. "There are penalties within our marriage code, within our statutes, and hopefully they're acting with full awareness of what's contained therein."

Dane County Clerk Scott McDonell shrugged off the threat, adding that Van Hollen "needs to call off the dogs and turn off the fire hoses." (Tipped by JMG reader Matthew)

Editorial Of The Day

From the Milwaukee Journal-Sentinel editorial board:

Attorney General J.B. Van Hollen feels obligated to try to block Friday's federal court ruling overturning Wisconsin's constitutional ban on same-sex marriages, so he asked two federal courts to stay the decision. Instead, Wisconsin authorities should follow the lead of Pennsylvania, where a Republican governor last month said he would not appeal a similar ruling in that state. Gov. Tom Corbett had wanted to fight the ruling but then decided that he likely would lose an appeal. Attorney General Kathleen Kane, a Democrat, already had declined to appeal the ruling, saying the state's ban was unconstitutional. Van Hollen and Gov. Scott Walker should realize how rapidly the sand has shifted under their feet on this issue. In fact, the debate is nearly over, and their side is losing it.

WISCONSIN: Marriages Continue After Judge Refuses To Stay Ruling

Now we wait to hear from the Seventh Circuit.

WISCONSIN: US Rep. Mark Pocan Slams "Hateful" Action By State Attorney General

"For the first time, LGBT couples received the legal recognition and benefits of marriage from our state. The rights of all LGBT individuals across Wisconsin were upheld by a federal court on Friday and yet today Attorney General Van Hollen is asking a federal appeals court to stop county clerks from issuing marriage licenses.  The Attorney General’s decision to appeal the ruling that struck down Wisconsin’s ban on same-sex marriage is a regressive and blatantly political attempt to revive a hateful and discriminatory law which violates the ideals of liberty and equality in our Constitution.  Society has changed, barriers to equality continue to be broken down; it's too bad our Attorney General is still living in a more hateful day." - Rep. Mark Pocan (D-WI), via press release.

WISCONSIN: State Asks Seventh Circuit Court To Stop Same-Sex Marriages

As expected, Wisconsin Attorney General J.B. Van Hollen today filed a same-sex marriage notice of appeal with the Seventh Circuit Court.

Several county clerks in Wisconsin have been issuing marriage licenses since the ban was struck down on Friday by U.S. District Judge Barbara Crabb, but other county clerks say they are waiting for clarification from the state. Van Hollen has said county clerks were wrong to start issuing same-sex marriage licenses because Crabb's ruling signaled that she did not intend to order them to do so for at least two weeks. If the judge had wanted gay marriages to start immediately, she could have issued an order with her Friday ruling, Van Hollen said in a court filing. Crabb is expected to have a 1 p.m. conference today with the parties in the case, which might also lead to a ruling from her on whether or not she'll stay Friday's decision.

Marriages are continuing this morning in some counties, but others are turning gay couples away.

Clerks in several counties 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. 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. 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.

Wisconsin AG Refuses To Defend State's New Domestic Partners Law

Saying that legislators violated the will of the voters, Wisconsin Attorney General J.B. Van Hollen is refusing to defend his state's new domestic partner's law against a lawsuit brought by the Wisconsin Family Council.

"When the people have spoken by amending our Constitution, I will abide by their command," said Attorney General J.B. Van Hollen, who believes the law is unconstitutional. "When policy makers have ignored their words, I will not." The law, which took effect Aug. 3, allows gay and lesbian partners to receive dozens of the same legal protections as married spouses. So far, 413 couples have been added to the state registry and more have applied. The conservative Wisconsin Family Council asked the state Supreme Court last month to invalidate the law. The group argued that it conflicts with a 2006 constitutional amendment approved by voters that banned gay marriage and any "substantially similar" relationships. Wisconsin was the first state to grant domestic partnerships to gay couples despite having the constitutional ban. It was also the first Midwestern state to give gay couples some legal protections legislatively. Van Hollen, a Republican, said the domestic partnerships as defined by the law are "substantially similar" to marriage. He accused the Democratic-controlled Legislature and Gov. Jim Doyle of ignoring the will of the people.

Wisconsin Gov. Jim Doyle blasted Van Hollen's move, as the state will now be forced to hire an outside firm to the defend the new law.