You can't block love.
You can't block love, but Scott Walker and his band of Not So Merry Men are sure trying to.
After Federal Judge Barbara Crabb declared Wisconsin's ban on same sex marriage Unconstitutional last Friday, a few counties opened their doors wide open to couples wanting to be married. They even waived the 5 or 7 day waiting period, stayed open late Friday, and had extra hours on Saturday. Nearly 300 couples rushed in.
Today, the Scott Walker administration is refusing to register those marriages, all legally performed, with the state.
Same-sex couples are having their marriage documents held up at the door of the state office that records them, raising further questions about the legal status of their unions.
For now, at least, Gov. Scott Walker's administration isn't accepting the same-sex marriage certificates that are being forwarded to the state by county registers of deeds.
"The Wisconsin Department of Health Services Office of Vital Records has not rejected same-sex marriage licenses," state Health Services spokeswoman Jennifer Miller said in a statement. "They are being held until we receive legal guidance from the attorney general."
Attorney General JB Van Hollen has already filed an emergency request for a stay with Judge Crabb (denied) and with the Federal Court of Appeals. His position and Walkers are clear: the Unconstitutional Law is still the law no matter what the courts say.
The majority of counties in Wisconsin, including fiercely Republican Waukesha County, are issuing marriage licenses to all couples who apply. There are some holdouts, however, and I'll give you all one try (all you'll need) at guessing which way they lean politically.
In other news Tuesday, the U.S. 7th Circuit Court of Appeals in Chicago issued two orders that canceled one another out. In so doing, the appellate court underlined the fact that for now it is up to county and state officials and, potentially, state courts to decide whether same-sex unions continue and are recognized in the state.
In other words, they didn't issue a stay order.
As a result, the Walker administration put up their own border fence to prevent marriages they don't "approve" from being registered.
Considering the direction this country is taking on marriage equality, it's a dumb move that will lead to consequences at the ballot box this November. Yes, it's going to appeal to Tea Baggers, but with 55% of Wisconsinites approving of marriage equality in the most recent poll and an even higher majority approving of Judge Crabb's decision in an online poll taken by the highest circulation newspaper in Wisconsin, it's not generally popular. It might also please those RW billionaires Walker has been courting for 3 years in hopes of furthering his presidential dreams, On the other hand, it may just energize people to get out and vote in the mid term election rather than sitting at home.
They're moving against the arc of history. Then again, that's what Republicans do.
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