U.S. District Judge Barbara Crabb has ruled the state's same-sex marriage ban is unconstitutional in an American Civil Liberties Union lawsuit but hasn't ordered clerks to start issuing licenses or barred them from doing so. Attorney General J.B. Van Hollen has asked the 7th Circuit Court of Appeals to halt gay marriages pending an appeal.
The court asked both sides Monday to submit briefs on whether it has jurisdiction by Wednesday.
On Tuesday the court released an order saying it appears it lacks jurisdiction because Crabb isn't done with the case. The order told Van Hollen to file briefs showing why the court should continue with his request.
But the court later erased the order, saying it was mistakenly released.