Case Update: Wolf v. Walker

Wednesday, April 23, 2014

Update:  In February, we amended our complaint to add four additional couples for a total of eight couples seeking the freedom to marry in Wisconsin or have their out-of-state marriages recognized.  We also requested a preliminary injunction but withdrew that motion when the Court suggested we instead enter into an expedited schedule for a final ruling and after district attorneys in Milwaukee and Eau Claire agreed not to prosecute two of the couples for leaving Wisconsin to marry.

On March 14, 2014, the Attorney General representing Gov. Scott Walker's administration asked the judge to delay the case until the Wisconsin Supreme Court has decided the challenge to the state’s domestic partner law and because a ruling will have an impact on other county clerks.  On March 24, U.S. District Judge Barbara Crabb rejected the Attorney General’s arguments for delay and denied their motion for a stay.

The Attorney General moved to dismiss the case on March 20 and on March 24, the ACLU filed their motion summary judgment for the Plaintiffs.   By May 19th, the summary judgment briefing and the briefing on the motion to dismiss should be complete.   The Court could dismiss the case, rule for the Plaintiffs on summary judgment, or decide that a trial is necessary.  August 25th is the date reserved for trial.

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