ACLU Seeks Injunction Blocking Wisconsin Gay Marriage Ban During Court Challenge


The ACLU has filed a brief asking a federal judge to issue an injunction blocking Wisconsin's gay marriage ban while the issue is fought in court, the AP reports:

The organization filed a motion on Thursday with U.S. District Judge Barbara Crabb, seeking a preliminary injunction that would essentially invalidate the ban until the lawsuit is decided.

In a brief accompanying the motion, the ACLU argued it’s entitled to a preliminary injunction because it’ll likely win the lawsuit and the ban imposes irreparable harm on same-sex couples.

The lawsuit was filed on February 3 by the ACLU on behalf of four couples.The first hearing is March 27.


  1. Ken says

    Given all of the success we have had getting these bans struck down in court, it seems crazy to me that these decisions still keep getting stayed and the bans remain in place through the endless appeals. When we win a case, marriages should start in that state immediately.

  2. karen in kalifornia says

    Not a chance in hell this is gonna happen but sure like the
    ACLU for putting it out there.

  3. Mike says

    Wisconsin has an old law on the books that makes it illegal to get married in another state and return to Wisconsin for the purpose of circumventing the state’s marriage laws. The injunction is a possibility because, as the ACLU argued, the constitutional ban in conjuntion with that older state law creates an undo hardship targeted at same sex couples and their families. The best news out of the article, however, is the judge Crabb will be hearing this case.

  4. simon says

    Depending on the judge, a stay is not always granted. That means the judge can specify a date when the law will be effective without a stay.
    Christie administration asked the state Supreme Court to grant a stay of the lower court decision pending appeal, but the Supreme Court unanimously denied the request for a stay.