U.S. District Judge Barbara Crabb
As things stand now, Wisconsin is currently marriage-equality state 19½, not 20.
Only 42 of the state’s 72 counties are issuing marriage licenses because along with her ruling, U.S. District Judge Barbara Crabb did not order to county clerks to issue marriage licenses.
Some county clerks are waiting for orders from the attorney general who is appealing the ruling, not upholding it.
Crabb refused the attorney general’s request for a stay, so he is appealing to the circuit court.
For six months, Illinois was in a similar position. After marriage equality was legalized by the legislature, the law didn’t go into effect for six months. Some counties got a waiver and began issuing licenses before June 1, when the state began full marriage-equality.
In New Mexico, county clerks in a few counties decided nothing in state law prevented them from issuing marriage licenses. In several other counties, local judges ruled clerks had to issue licenses. After several months, the state’s high court extended marriage equality to the full state.
In Wisconsin, marriage equality only extends to people living in those marriage-equality counties. Residents must apply for a marriage license in their county of residence. A certified birth certificate must be presented to prove the applicants are at least 18 years old. Clerks have the right to waive the five-day waiting period and some, especially in Madison and Milwaukee are, but others are not. Although the license is issued, in five days, the attorney general may have his stay in place and those couples with a license but without a waiver of the waiting period will not be able to marry.
So for Wisconsin residents in non-marriage-equality counties, their option remains going out of state for a license.
