UPDATE: Court rules against gay marriage bans in Wisconsin and I - KWWL - Eastern Iowa Breaking News, Weather, Closings

UPDATE: Court rules against gay marriage bans in Wisconsin and Indiana

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MADISON (WKOW)-- A victory for advocates of same-sex marriage came Thursday, when a three-judge panel of the U.S. 7th Circuit Court of Appeals ruled bans on gay marriage in both Wisconsin and Indiana are unconstitutional.

The decision upholds a ruling Federal Judge Barbara Crabb made earlier this summer.

The 40-page decision harshly rejects both states' arguments, saying neither gives reasonable basis for forbidding same-sex marriage.

“I will never get tired of saying once again that love wins,” said Keith Borden, who, along with his partner, is one of eight same-sex couples names as plaintiffs in the ACLU's lawsuit.

In the unanimous decision, Judge Richard Posner writes the “discrimination” against same-sex couples is “irrational” and goes on to say the ban poses a heavy “financial and emotional cost on the couples and their children.”

“The fight was about love and it's about our families,” said Salud Garcia, another plaintiff. “Our children are going to be on the same footing as any kids in this state and this country hopefully.”

But the fight is far from over. Judge Crabb issued a stay on that ruling, meaning until the appeals process is exhausted, same-sex couples cannot marry.

Dana Brueck with Attorney General J.B. Van Hollen's office issued a statement saying "The Attorney General has always believed that this case will ultimately be decided by the United States Supreme Court. The stay remains in effect until all appeals have been concluded."

The plaintiffs say they are ready for the high court to take the case.

“I think we need to see some sort of resolution,” said Judi Trampf, another plaintiff. “We'd prefer to have our rights to marry now. I'd rather not wait ,but we also know this is an issue nationally so if it need to go there, we're prepared to go there.”

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CHICAGO (AP) -- A U.S. appeals court in Chicago has ruled that gay marriage bans in Wisconsin and Indiana are unconstitutional.    Thursday's decision by a three-judge panel at the U.S. 7th Circuit Court of Appeals bumps the number of states where gay marriage will be legal from 19 to 21. The decision was unanimous.

   The Wisconsin and Indiana cases shifted to Chicago after their attorneys general appealed separate lower court rulings in June tossing the bans. The 7th Circuit stayed those rulings pending its own decision.
   During oral arguments in August, one judge appointed by a Republican likened same-sex marriage bans to laws once barring interracial marriage. Judge Richard Posner said they derived from "hate ... and savage discrimination" of gays.
   The states argued the prohibitions helped foster a centuries-old tradition.

Here is a statement from Attorney General J.B. Van Hollen's office:

“The Attorney General has always believed that this case will ultimately be decided by the United States Supreme Court. The stay remains in effect until all appeals have been concluded.”

Dane County Clerk Scott McDonnell says no marriage licenses will be issued yet before the mandate.  McDonnel says that could be 2-3 weeks.

We will have reaction and more on this story on 27 News at 5 & 6.

 

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