MADISON, WI, March 26, 2014 ( – A federal judge will allow a lawsuit challenging the constitutionality of Wisconsin’s ban on same-sex “marriage” to continue, over the objections of state officials.

The state of Wisconsin had asked the court to delay proceedings pending the results of another case pertaining to domestic partnerships.  But U.S. District Judge Barbara Crabb refused, saying she believes the domestic partnership case can only serve to boost gay couples’ legal prospects, so waiting on the results is pointless.

“Abstaining or staying the case would serve no purpose but to delay the case,” Crabb wrote. “As the [homosexual] plaintiffs point out, if the Wisconsin Supreme Court upholds the domestic partnership law, nothing changes.  If the court invalidates the law, the only effect is to make the deprivation imposed on plaintiffs by [the marriage amendment] more severe. Thus, it is difficult to envision any scenario in which the state defendants could rely on the Supreme Court’s decision to strengthen their position.”


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Crabb, who was appointed to the federal judiciary by President Jimmy Carter in 1979, has been criticized in the past for her bold judicial activism, particularly on matters of religion.

In 2010, a federal appeals court unanimously overturned a ruling she issued declaring the National Day of Prayer unconstitutional. In 2013, she sided with the militantly atheist Freedom From Religion Foundation in striking down a federal law allowing churches to grant tax-free housing allowances to clergy.  That decision is currently under appeal.

As for the Wisconsin case, the ACLU, which represents the homosexual plaintiffs, has filed a motion asking Crabb to rule in favor of the gay couples without a trial.  Meanwhile, the state of Wisconsin has asked Crabb to dismiss the case.


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