Advertisement Appeals court rules Wis. same-sex marriage ban unconstitutional AG J.B. Van Hollen says he will ask U.S. Supreme Court to reverse decision Share Shares Copy Link Copy

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 and against gays.The states argued the prohibitions helped foster a centuries-old tradition.U.S. Sen. Tammy Baldwin released a statement shortly after the ruling saying, "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."Wisconsin's attorney general said he will ask the U.S. Supreme Court to reverse the ruling striking down the state's gay marriage ban.Republican Attorney General J.B. Van Hollen's spokeswoman, Dana Brueck, said in an email to that Van Hollen has always believed the case will be decided in the that court.U.S. District Judge Barbra Crabb struck down the ban as unconstitutional in June.Hundreds of gay couples married in the week between her decision and her order staying the ruling pending appeal. Van Hollen asked the 7th Circuit Court of Appeals to reverse Crabb but the court refused on Thursday, saying the ban violates the U.S. Constitution.Brueck said the stay remains in place until all appeals are exhausted.Milwaukee County Executive Chris Abele called the ruling "another historic step forward for marriage equality," but said Milwaukee County cannot yet issue new licenses to same-sex couples. American Civil Liberties Union Executive Director Chris Ahmuty said the ruling is another milestone in the fight for marriage equality.The couples involved in the lawsuit said Thursday's decision is a victory. Some couples told WISN 12 News they are in this fight for the long haul."The thing that's most important for us is for us to provide a stable home for our daughter and for her to have the same access to all the rights and benefits that a married couple could offer their child, and right now that isn't the case," said Karina Willes, who wants her marriage to be recognized. This summer 270 couples were married at the Milwaukee County Courthouse.Officials with the ACLU and at the Milwaukee County Courthouse said those marriages are still legal with Thursday's ruling.