John M. Becker

Judge Rejects WI's Effort to Delay Marriage Equality Suit

Filed By John M. Becker | March 27, 2014 9:30 AM | comments

Filed in: Marriage Equality, Politics
Tags: ACLU, delaying tactics, gay marriage, lawsuits, marriage discrimination, marriage equality, same-sex marriage, Wisconsin

Judge_Barbara_Crabb_Wide.pngA federal judge this week smacked down Wisconsin's attempt to delay the ACLU lawsuit challenging the state's marriage discrimination amendment.

Wisconsin's Department of Justice, headed by far-right Republican J.B. Van Hollen, asked U.S. District Judge Barbara Crabb (right) to delay the case until the Wisconsin Supreme Court rules in a separate case on the constitutionality of the state domestic partner registry. (A ruling on that case is expected by summer.) But Judge Crabb denied the motion, calling the state out for its shameless stonewalling: "abstaining or staying the case would serve no purpose but to delay the case," Crabb wrote.

She added that the state had failed to explain how the decision in the domestic partnership case would in any way change the issues in the marriage case:

"As the plaintiffs point out, if the Wisconsin Supreme Court upholds the domestic partnership law, nothing changes. If the court invalidates the law, the only effect is to make the deprivation imposed on plaintiffs by (the anti-marriage amendment) more severe. Thus, it is difficult to envision any scenario in which the state defendants could rely on the Supreme Court's decision to strengthen their position."

Nice try, Republicans, but no cigar.

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