It was originallystruck down by U.S. Circuit Judge Barbara Crabb in June.
Then state AttorneyGeneral J.B. Van Hollen and Gov. Scott Walker decided to appeal that decision.
The three-panel courtfound that both Wisconsin’s and Indiana’s bans were unconstitutional.
Does this mean thatsame-sex couples can marry in Wisconsin yet again? Well, if Walker and Van Hollen appeal the decision, then this decision would be on hold during the appeal, the JS reported. That means that same-sex couples wouldn't be able to marry in the meantime, unfortunately. (UPDATE: See below. Van Hollen says he'll appeal this decision.)
Here are some earlyreactions:
American Civil Liberties Union (ACLU):
The 7th U.S. Circuit Court of Appeals today upheld the district court decision that the discriminatory amendment to the Wisconsin state constitution preventing same-sex couples from marrying is unconstitutional. The decision will go into effect in 21 days, unless the defendants seek a stay of the ruling. The American Civil Liberties Union had challenged the law on behalf of eight couples seeking the freedom to marry in Wisconsin or to have their out-of-state marriages recognized.Writing for the three judge panel, Judge Richard Posner characterized the states’ argument as “so full of holes that it cannot be taken seriously.” He went on to detail the many harms to same-sex couples, and especially their children, from the marriage bans.
"A degree of arbitrariness is inherent in government regulation, but when there is no justification for government’s treating a traditionally discriminated-against group significantly worse than the dominant group in the society, doing so denies equal protection of the laws. One wouldn’t know, reading Wisconsin’s brief, that there is or ever has been discrimination against homosexuals anywhere in the United States." - Judge Posner
“Today we join same sex couples, their families and our allies across the country in celebrating this victory,” said Larry Dupuis, legal director of the ACLU of Wisconsin. “Every loving and committed couple in the U.S. should have the freedom to marry, protect their loved ones, and have their commitment honored by our legal system. We celebrate and tomorrow we continue the fight to make marriage equality the law of the land, not just in certain states.”
Judi Trampf, one of the plaintiffs in the case celebrates her birthday today, and this is her favorite present. “Katy and I have been together for over 25 years and want very much to get married. To be honest, before we won the case in Federal Court, we didn’t realize how much marriage meant – mostly because we could never let ourselves imagine it – it wasn’t a reality for us for so many years. Now marriage could – and should- be our reality. We want very much to get married. To have public and legal recognition of our committed relationship is very important to us both.”
Attorney General J.B. Van Hollen:
Attorney General J.B. Van Hollen, following today’s ruling from the Seventh Circuit Court of Appeals in Chicago in the matter ofWolf, et al. v. Walker, et al., reminds all state and local officials that thestay issued by U.S. District Court Judge Barbara Crabb on June 13, 2014, remains in effect. This means that Article XIII, Sec. 13 of the Wisconsin Constitution limiting marriage to between one man and one woman as well as all other related state laws are in full force and effect until this case is finally resolved by the United States Supreme Court. The status quo has not changed with today’s ruling. The state defendants will file their appeal petition with the United States Supreme Court in a timely manner.
Evan Wolfson, presidentof Freedom to Marry:
"Today’s sharpand scathing ruling demolishes the arguments and unsubstantiated claims made byopponents of the freedom to marry, repeated in the outlier decision out ofLouisiana yesterday, and affirms what nearly 40 other federal and state courtshave found: the denial of the freedom to marry inflicts real harms and isconstitutionally indefensible. Judge Posner's authoritative opinion points theway, and the Supreme Court should move swiftly now to end marriagediscrimination nationwide, without prolonging the harms and indignity that toomany couples continue to endure in too much of the country.”
U.S. Senator Tammy Baldwin:
“Today’s decision is yet another affirmation that discrimination doesn’t just violate our Wisconsin values – it violates our Constitution and marriage equality will be the law of the land in our state. It is simply wrong for Governor Walker and Attorney General Van Hollen to continue to defend discrimination and with the unanimous rejection of their position by another federal court, it is long past time for them to stop standing in the way of freedom, fairness and equality for all Wisconsinites. Love is love, family is family, and discriminating against anyone’s love, against anyone’s family, is not only wrong, it is unconstitutional. It is now time for us to keep our promise to pass on to the next generation a Wisconsin that is more equal, not less equal.”
U.S. Rep. Mark Pocan (WI-02):
“Today’s decision puts Wisconsin back on track to ensuring full equality for every American. It is clear discriminatory laws that treat LGBT couples as second-class citizens will not stand in a court of law.”
“I urge Governor Scott Walker and Attorney General J. B. Van Hollen to respect the Court’s ruling and the spirit of the U.S. Constitution. In ruling after ruling, it has become unmistakable that the promise of America is everyone should be treated equally and with dignity. Today’s ruling brings us one step closer to fulfilling that promise.”
Wisconsin Senate Democratic Leader Chris Larson:
“Today, love wins once again in Wisconsin. The 7th Circuit Court’s ruling paves the way for the freedom to marry in our state and bulldozes legally and morally unjust barriers to equality that Wisconsin Republicans callously continue to uphold.
“Everyone deserves the right to marry the person they love. This is a basic freedom that should not be denied to anyone, as all of our neighbors and families should have the opportunity to live their lives freely and happily by having protections under our laws.
“It’s now time for Wisconsin Republicans to stop wasting taxpayer money attacking thousands of loving couples in Wisconsin who just want to protect and provide for their families. Especially after today’s ruling, no longer should our state promote inequality, foster discrimination, or unconstitutionally limit the rights and freedoms of our fellow Wisconsinites.”
Rep. JoCasta Zamarripa (D-Milwaukee):
“The arc of history continues to bend towards justice for Wisconsin’s LGBT community. Today’s ruling by the 7th Circuit Court of Appeals is another step forward for LGBT Wisconsinites in our push towards equality for all. Over the last several years we have seen a dramatic shift in public opinion on this issue and now, across the country, we are seeing judicial rulings that recognize and protect the freedom to marry for all citizens.”
“It is my understanding that Attorney General J.B. Van Hollen will appeal this ruling to the U.S. Supreme Court. I anxiously await the day that our nation’s highest court will take up this issue and end what has been a lengthy appeals process for Wisconsin’s LGBT community. I am confident that the U.S. Supreme Court will find a constitutional basis to reaffirm that same-sex couples have the freedom to marry.”
WisDems Chairman Mike Tate:
"Once again, love wins in Wisconsin.
"For too long, hateful sentiment against our gay brothers and lesbian sisters across the state has been codified in our state's Constitution. The 40-page decision written by a Republican-appointed member of the court, released today, reaffirms the right of every Wisconsin citizen to be recognized as full and equal citizens under the law and to marry the person they love.
"Scott Walker and J.B. Van Hollen have been on the wrong side of this issue, not even the court could find a valid or important interest of the state to continue discriminating on the basis of sexual orientation.
"The time is now for Walker and Van Hollen to respect the rule of law and abandon any attempt to prevent Wisconsinites from marrying the person the love."Rep. Melissa Sargent:
“Once again, thecourts have ruled that affording rights to some while denying them to others isa constitutional violation. I am thrilled that the 7th Circuit Court of Appealshas ruled Wisconsin’s gay marriage ban unconstitutional. The discrimination ofthe past is slowly being erased by court after court and state after state. Weknow that marriage equality is about the basic freedom of who a person decidesto love and spend their life with. What business is it of the government tointerfere with this bond?
"Simply put,this is about everyday Americans who want the same chance as everyone else topursue health and happiness, earn a living, and take care of the ones theylove.
“Marriage equalitystrengthens families, brings stability and validity to the children of same sexcouples, and ties our communities together. This ruling confirms that everyWisconsinite has the freedom and liberty to love who they love.”
Statement from Sen.Mark Miller:“Today’s decision by the 7th CircuitCourt of Appeals on marriage equality confirms what we already know to be justand right, all people are to be treated equally under the law. Love is love.”
