Wisconsin Attorney General J.B. Van Hollen has requested that Wolf v. Walker, the case brought by the ACLU challenging the state ban on marriage equality, be heard by the entire Seventh Circuit Court of Appeals. Van Hollen’s request for an en banc review comes after the state of Indiana made the same request to the Seventh Circuit in the Lambda Legal led case, Baskin v. Bogan, which also challenges the state’s ban on marriage equality. An en banc review would mean that all ten judges on the circuit court would hear the appeal as opposed to the usual three-judge panel. Last week, the Seventh Circuit announced that it would combine the cases from Indiana and Wisconsin, with briefings due in both cases by August 4.
In June, U.S. District Court Judge Richard L. Young ruled against Indiana’s statute banning marriage equality. In Baskin v. Bogan, Lambda Legal and local private counsel sued the state on behalf of same-sex couples who argue that Indiana’s ban on marriage equality violates the U.S. Constitution. U.S. District Judge Barbara Crabb overturned Wisconsin’s ban on same-sex marriage, but stayed her decision a week later after 550 couples wed in the state.
Oral argument in the aforementioned cases in Wisconsin and Indiana, it was decided yesterday, will be heard by the Seventh Circuit on August 13.