There are reports that Wisconsin Attorney General J. B. Van Hollen believes that he will lose the federal marriage equality case in that state. And, he has filed a motion with the federal court asking for a stay in the event that Federal District Judge Barbara Crabb rules that the Wisconsin marriage ban(s) is unconstitutional. It isn't necessarily unusual for a party to a case to ask for a stay prior to a ruling as a contingency measure, However, it is interesting in this case because the AG has admitted that he expects to lose the case in district court. It's also interesting in light of what has happened in Oregon and Pennsylvania this week with regard to the favorable rulings in those states (after a string of other marriage equality victories) and marriages of same-sex couples beginning right away.
In March, Judge Crabb denied a motion filed by the state to have the lawsuit dismissed. And, now the plaintiffs in the case have filed a motion for summary judgment. Should the judge deny the plaintiffs' motion for summary judgment, a bench trial is scheduled for August 25, 2014.
The case is Wolf v Walker. And you can read more about the case here.
Wisconsin Attorney General J.B. Van Hollen has asked a federal judge to place on hold any order she may make that would strike down the state's ban on gay marriage.
The Republican Van Hollen filed the contingent motion to stay on Friday, asking that current law remain in place while he appealed any future order.
It's another signal that Van Hollen expects U.S. District Judge Barbara Crabb to rule against the state. During an interview with WISN-TV last weekend, Van Hollen said he expects the state to lose its case.
The American Civil Liberties Union filed a lawsuit on behalf of eight gay couples in February challenging Wisconsin's constitutional ban on gay marriage.
The lawsuit contends the state's ban denies gay couples the civil rights that other married couples enjoy.