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Sides file gay marriage briefs in federal court

Same-sex couples and their supporters are refused marriage licenses by Outagamie County Clerk Lori O'Bright, right, on June 9, 2014 in Appleton, Wis. O'Bright said she was waiting on authorization from the state before issuing licenses. The decision was later reversed and applications for marriage licenses were accepted, subject to a five day waiting period. (AP Photo/The Post-Crescent, Wm.Glasheen)

Same-sex couples and their supporters are refused marriage licenses Monday by Outagamie County Clerk Lori O’Bright in Appleton. O’Bright said she was waiting on authorization from the state before issuing licenses. The decision was later reversed and applications for marriage licenses were accepted, subject to a five-day waiting period. (AP Photo/The Post-Crescent, Wm.Glasheen)

MADISON, Wis. (AP) — Civil rights advocates are trying to persuade a federal appeals court it has no jurisdiction to end gay marriages in Wisconsin yet.

U.S. District Judge Barbara Crabb found the state’s gay marriage ban unconstitutional last week in an American Civil Liberties Union lawsuit. County clerks have started issuing marriage licenses to same-sex couples even though Crabb has yet to issue an order telling them what to do.

Republican Attorney General J.B. Van Hollen contends that absent such an order the ban remains in effect. He has asked the 7th Circuit Court of Appeals to halt the marriages while he appeals.

The ACLU filed a brief Wednesday arguing the court lacks jurisdiction until Crabb issues an order. State attorneys counter in their own brief that the court clearly has jurisdiction.


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