Same-sex couples don't think full 7th Circuit Court of Appeals should hear arguments

MADISON, Wis. (AP) -- Gay couples challenging Wisconsin

MGN Online

UPDATED Monday, July 21, 2014 -- 12:59 p.m.

MADISON, Wis. (AP) -- Gay couples challenging Wisconsin's ban on same-sex marriages are objecting to the state's request that the full 7th Circuit Court of Appeals hear arguments in the case.

American Civil Liberties Union attorneys representing eight same-sex couples challenging the ban filed an objection Monday to the state's request that the entire appeals court hear the arguments.

The ACLU says that would delay the appeal and put a burden on the court without any benefit.

Federal judges have struck down bans in both Wisconsin and Indiana. The 7th Circuit Court of Appeals consolidated the cases. Oral arguments were originally scheduled for Aug. 13, but the court has canceled that and not yet set a new date.

Ten judges sit on the 7th Circuit but three-judge panels typically decide cases.

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UPDATED Wednesday, July 16, 2014 -- 4:22 p.m.

MADISON, Wis. (AP) -- Wisconsin Democrats are asking Gov. Scott Walker and fellow Republican Attorney General J.B. Van Hollen to drop their defense of the state's gay marriage ban, arguing it's a waste of money.

Fifteen Democratic state senators and 25 Democratic representatives sent letters to Walker and Van Hollen on Wednesday.

Van Hollen last week appealed a federal judge's ruling that the state's ban is unconstitutional. Walker is a named defendant in the lawsuit.

Walker spokeswoman Jocelyn Webster says "Walker takes seriously the oath of office that he took to support the Wisconsin Constitution. If others do not take that oath seriously, that is their decision."

Van Hollen spokeswoman Dana Brueck says he is fulfilling his oath and doing his job.

No date has been set for oral arguments in the case.

Copyright 2014: Associated Press

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UPDATED Wednesday, July 16, 2014 --- 3:18 p.m.

MADISON, Wis. (AP) -- Wisconsin attorneys have asked the entire 7th Circuit Court of Appeals to hear their arguments on upholding the state's gay marriage ban.

Federal judges have struck down bans in both Wisconsin and Indiana. The 7th Circuit Court of Appeals consolidated both states' appeals last week.

Ten judges sit on the 7th Circuit but three-judge panels typically decide cases. Indiana attorneys have asked all 10 to hear the case. Wisconsin tried to join Indiana's request Monday but the court told state attorneys to file a separate motion.

They filed the brief Wednesday afternoon, saying all 10 judges should weigh in because gay marriage is an issue of national importance.

Meanwhile on Wednesday the court canceled oral arguments set for Aug. 13. The court plans to set a new date later.

Copyright 2014: Associated Press

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UPDATED Wednesday, July 16, 2014 --- 12:06 p.m.

MADISON, Wis. (AP) -- Democrats in the Wisconsin state Senate are asking Gov. Scott Walker and fellow Republican Attorney General J.B. Van Hollen to drop defense of the state's gay marriage ban.

The 15 state senators sent the letter on Wednesday.

Van Hollen last week filed an appeal to a federal judge's ruling finding the state's ban to be unconstitutional. Walker is a named defendant in the lawsuit.

Democrats say in the letter that continued defense of the law in light of court rulings nationwide striking down gay marriage bans is a waste of taxpayer money.

Van Hollen's spokeswoman Dana Brueck says he is fulfilling his oath and doing his job. A spokeswoman for Walker did not immediately return a message.

Arguments in the appeal are scheduled for Aug. 13 in Chicago.

Copyright 2014: Associated Press

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UPDATED Monday, July 14, 2014 --- 4:13 p.m.

MADISON, Wis. (AP) -- A federal appeals court in Chicago will hear arguments in challenges of gay marriage bans in Wisconsin and Indiana's on Aug. 13.

Federal judges in both states have struck down the bans as unconstitutional. The 7th Circuit Court of Appeals consolidated the Wisconsin and Indiana cases on Friday and put them on the fast track.

The court separately rejected a request by Wisconsin Attorney General J.B. Van Hollen to have five extra days to submit arguments.

Both states have asked that all 10 judges on the 7th Circuit Court of Appeals hear the cases, but it has not yet ruled on those requests.

Usually the 7th Circuit uses three-judge panels to decide cases.

Copyright 2014: Associated Press

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UPDATED Monday, July 14, 2014 --- 2:48 p.m.

MADISON, Wis. (AP) -- Wisconsin attorneys want all 10 judges on the 7th Circuit Court of Appeals to consider upholding the state's gay marriage ban.

U.S. District Judge Barbara Crabb declared the ban unconstitutional last month. Republican Attorney General J.B. Van Hollen has appealed to the 7th Circuit.

A federal judge in Indiana has struck down that state's ban as well. That state's attorneys also have asked the 7th Circuit to review the decision. The court consolidated the Wisconsin and Indiana cases on Friday and put them on the fast track.

Usually the 7th Circuit uses three-judge panels to decide cases. But Indiana attorneys filed a request late Friday asking all 10 judges to hear their appeal. Wisconsin attorneys joined that request Monday, saying the cases are exceptionally important.

Copyright 2014: Associated Press

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UPDATED Friday, July 11, 2014 -- 8:32 p.m.

CHICAGO (AP) -- A federal appeals court has combined Indiana and Wisconsin's gay marriage cases and put them on the fast track.

The move Friday by the 7th U.S. Circuit Court of Appeals in Chicago comes a day after Wisconsin's attorney general filed a notice of appeal of a federal judge's ruling last month striking down that state's ban on same-sex marriages. Two weeks ago, the 7th Circuit put on hold a federal judge's ruling in Indiana striking down that state's gay marriage ban.

The lawsuit in Wisconsin was brought by the American Civil Liberties Union on behalf of eight same-sex couples. The 7th Circuit previously ordered an expedited schedule in Indiana's case.

The court Friday ordered briefs to be filed by Aug. 4. Arguments will be scheduled by a separate court order.

Copyright 2014: Associated Press
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UPDATED Friday, July 11, 2014 -- 8:01 p.m.

MADISON, Wis. (AP) -- A federal appeals court is putting Wisconsin's fight over gay marriage on a fast track and combining it with a similar case from Indiana.

The Milwaukee Journal Sentinel (http://bit.ly/1orUG1A) reports that means the 7th Circuit Court of Appeals could decide the issue by the November election for governor.

U.S. District Judge Barbara Crabb ruled last month that the state's gay marriage ban is unconstitutional in an American Civil Liberties lawsuit. More than 500 same-sex couples got married before Crabb put her ruling on hold a week later pending an expected appeal from Republican Attorney General J.B. Van Hollen.

Van Hollen filed notice of an appeal on Thursday. The appeals court Friday ordered all briefs due in the case by Aug. 4. The short briefing schedule is unusual in federal court.

Copyright 2014: Associated Press
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UPDATED Friday, July 11, 2014 --- 12:05 p.m.

MADISON, Wis. (AP) -- A federal judge says civil rights advocates' request to lift a stay on gay marriages in Wisconsin is moot.

U.S. District Judge Barbara Crabb ruled last month that the state's gay marriage ban is unconstitutional in an American Civil Liberties lawsuit. More than 500 same-sex couples got married before Crabb put her ruling on hold a week later pending an expected appeal from Republican Attorney General J.B. Van Hollen.

The ACLU asked Crabb last week to lift the stay on marriages, arguing Van Hollen was intentionally delaying filing his appeal. Van Hollen filed notice of an appeal on Thursday.

Crabb issued a brief order Friday denying the ACLU's request to lift the stay, saying the request doesn't matter since Van Hollen has filed his notice.

Copyright 2014: Associated Press

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UPDATED Wednesday, July 9, 2014 --- 12:30 p.m.

MADISON, Wis. (AP) -- A federal judge will not speed up the briefing schedule in the American Civil Liberties Union request that she lift a stay on gay marriages in Wisconsin.

U.S. District Judge Barbara Crabb on Wednesday said she would stick to the current schedule, which gives Attorney General J.B. Van Hollen until Thursday to file a response to the request.

The ACLU argued the stay should be lifted because Van Hollen is delaying filing an appeal to her original June 6 ruling declaring the gay marriage ban unconstitutional.

Van Hollen has until July 21 to appeal Crabb's ruling striking down the law, something his spokeswoman has said will be done by the deadline.

Copyright 2014: Associated Press

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Posted on Thursday, July 3, 2014 -- 3:09 p.m.

MADISON, Wis. (AP) -- The American Civil Liberties Union has asked a federal judge to lift a stay on gay marriages in Wisconsin.

U.S. District Judge Barbara Crabb found the state's gay marriage ban unconstitutional in an ACLU lawsuit June 6, sending same-sex couples rushing to courthouses to marry.

Crabb issued an injunction a week later officially barring clerks from enforcing the ban but granted Republican Attorney General J.B. Van Hollen's request to stay the order pending appeal.

The ACLU filed a motion Thursday asking Crabb to lift the stay, arguing Van Hollen has had 17 days to appeal but has done nothing in hopes of delaying a ruling as long as possible.

Van Hollen has until July 21 to file under court rules. His spokeswoman says the ACLU's impatience won't affect his timing.

Copyright 2014: Associated Press


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