Wisconsin Attorney General believes same-sex marriage ban still in effect

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by Chris Patterson

MADISON -- Attorney General JB Van Hollen has appealed the decision of a federal judge to end Wisconsin's gay marriage ban. The appellate court is now wondering whether it has jurisdiction over the case. That question appears to spring from the fact that Judge Barbara Crabb's ruling is considered incomplete. She didn't specify what exactly should be done now that she's found the ban unconstitutional.

Van Hollen made a similar point, and offered his interpretation of what that means. "Historically the law is quite clear. If a judge doesn't order something to occur, then nothing changes. She found the law to be unconstitutional, however she didn't issue an injunction saying the law isn't in effect. Which means it remains in effect."

All the parties involved now have until 5:00 p.m. June 11, 2014, to file briefs with the 7th Circuit Court of Appeals.

Former State Supreme Court Justice, now Marquette University Law Professor, Janine Geske says this is uncharted legal territory for the state of Wisconsin and the country.

"Very rarely do you have a state constitution challenged in federal court," Geske told CBS 58 News.

Geske believes by late next week the 7th Circuit will decide if it has jurisdiction and if they rule they don't, then there's nothing they can do.

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