Federal judge schedules hearing to clarify ruling on gay marriage in Wisconsin

MADISON -- When U.S. District Court Judge Barbara Crabb found Wisconsin's gay marriage ban unconstitutional, she never said what should be done after her ruling. That's why some counties have yet to issue marriage licenses to same-sex couples.

A hearing scheduled for Friday June 13 may clear up the confustion among county clerks. She could finally issue an order telling county clerks in the State of Wisconsin to issue marriage licenses to same-sex couples.

So far Judge Crabb has only said the 2006 gay marriage ban is unconstitutional, leading county clerks to take it upon themselves to interpret that however they want. Attorney General JB Van Hollen asked Judge Crabb twice for a stay to avoid count clerks from issuing licenses to same-sex couples.

The Wisconsin Department of Health Services says the state recently started processing the marriage licenses issued around the state.

While Judge Crabb works to clarify her decision, the U.S. 7th Circuit Court of Appeals in Chicago is working to decide whether it should even hear Van Hollen's appeal of Judge Crabb's decision. The fact that her decision is still a work in progress seems to be a factor in why the appellate court hasn't heard the case yet.