County not issuing marriage licenses to same-sex couples – for now

Racine County officials are waiting on definitive ruling from courts

Following advice from the county’s legal counsel, Racine County Clerk Wendy Christenson has not and has no immediate plans to issue marriage licenses to same-sex couples.

Instead, county officials intend to wait for a definitive ruling from the courts as to whether the state’s constitutional ban on same-sex marriage remains in effect.

“We regularly rely on the Wisconsin Department of Justice for legal guidance and Attorney General Van Hollen has made it very clear in this matter that Wisconsin’s marriage law remains in full force and effect, and nothing in Judge Crabb’s decision has altered the status quo,” Corporation Counsel Jon Lehman said in a release issued by his office Thursday afternoon.

A majority of the state’s 72 counties began issuing marriage licenses to same-sex partners this week after federal Judge Barbara Crabb stuck down the state’s same-sex marriage ban as unconstitutional a week ago.

However, according to Lehman, her ruling provided no guidance to county clerks who are tasked with issuing marriage licenses.

According to the county’s release, Judge Crabb, in a subsequent motion hearing on Monday, clearly stated that she “…never said anything about whether any county clerk could go forward with issuing a marriage license. That hasn’t been decided.” She also confirmed that the current state of affairs is status quo, the release said.

That, as interpreted by Lehman, means the state’s ban on same-sex marriage is still in place.

State Attorney General J.B. Van Hollen has said he plans to file an appeal to Crabb’s ruling.

Lehman’s release said the county will act accordingly based on a final directive from the court.

“The clerk’s office is respectful of all Racine County residents who seek to marry and the caution it has exercised is neither a commentary on the desires of many to allow same-sex marriages to proceed nor the merits of the state’s defense of the same-sex marriage ban,” the release said.

Read the county’s full press release by clicking here.