UNDATED (WSAU-Wheeler News) A federal judge said no yesterday to dropping a lawsuit against Wisconsin's ban on gay marriage. But the state's revenue secretary is no longer a defendant, and neither are two local prosecutors.
The American Civil Liberties Union filed the lawsuit in February on behalf of four same-sex couples. They want to throw out the state's 2006 constitutional ban on gay marriage and civil unions, plus a state law which makes it a crime for Wisconsin same-sex couples to get married elsewhere. State
Attorney General J-B Van Hollen said the lawsuit should be dropped because the allegations are not specific enough. Federal Judge Barbara Crabb of Madison didn't buy that, and she allowed the suit to proceed. She did drop Revenue Secretary Rick Chandler from the lawsuit. Crabb said he was not directly responsible for deciding the policies which deny certain tax benefits to same-sex couples. The judge also said the district attorneys of Milwaukee and Eau Claire counties should no longer be defendants. That's because they agreed not to prosecute same-sex plaintiffs who live in their counties but had weddings out-of-state.