(New York Times) In her ruling last Friday that struck down Wisconsin’s amendment limiting marriage to a man and a woman, Judge Barbara B. Crabb spoke plainly on the basic question.
"Quite simply, this case is about liberty and equality," she wrote, echoing a string of similar decisions across the country. "I conclude that the Wisconsin laws banning marriage between same-sex couples are unconstitutional."
But Judge Crabb of Federal District Court in Madison, Wis., took an unusual tack that has led to days of legal confusion, pitting county clerks against the state attorney general.
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As in other states where similar rulings were not immediately stayed, county clerks in Madison and Milwaukee quickly began issuing marriage licenses to jubilant couples, some of whom brought wedding cakes to the courthouse. Within days, about 50 of the state’s 72 counties had joined in, issuing marriage licenses to more than 500 same-sex couples so far.