Play Live Radio
Next Up:
Available On Air Stations

Van Hollen: County Clerks Could be Breaking the Law by Marrying Same-Sex Couples

Wisconsin Attorney General J.B. Van Hollen made the comment, as 60 of 72 counties here are now issuing marriage licenses to same-sex couples.

Van Hollen says district attorneys could file charged against clerks, if it's determined they violated the state constitution. Voters amended it in 2006, to ban same-sex marriage.

Federal Judge Barbara Crabb declared the law unconstitutional last week, but did not instruct the state on how to proceed. Van Hollen is appealing her decision and in the meantime, county clerks have had to decide whether or not to marry same-sex couples.

As of noon Thursday, the Associated Press found only 12 counties not issuing licenses. They are: Racine, Ozaukee, Washington, Richland, Portage, Vernon, Lafayette, Barron and Washburn.

The AP has also tallied the number of licenses issued statewide to same-sex couples since Friday's ruling: 573.