The state is holding off on accepting same sex marriage licenses being sent over from county clerks.
As of Tuesday, clerks in 50 of the state’s 72 counties were processing applications for marriage licenses from same sex couples, following Friday’s decision overturning Wisconsin’s gay marriage ban. The state Vital Records Office is not yet accepting those licenses though, citing the need for legal guidance from the attorney general. A spokeswoman says they are not being rejected, just placed on hold while the case proceeds.
Attorney General J.B. Van Hollen argues the state’s ban on gay marriage remains in effect, because Federal Judge Barbara Crabb did not actually issue an injunction against enforcing the measure. Crabb also declined earlier this week to tell counties what to do in the wake of her ruling or to issue a stay. A hearing is scheduled for next week on a possible injunction in the case.
Dane County Clerk Scott McDonell has said he believes the marriages are legal, and the state should accept them immediately. Hundreds of licenses have been issued, but it remains unknown how many have been processed since Friday.