U.S. District Judge Barbara Crabb found the state's gay marriage ban unconstitutional last week in an American Civil Liberties Union lawsuit. County clerks have started issuing marriage licenses to same-sex couples even though Crabb has yet to issue an order telling them what to do.
Republican Attorney General J.B. Van Hollen contends that absent such an order the ban remains in effect. He has asked the 7th Circuit Court of Appeals to halt the marriages while he appeals.
The ACLU filed a brief Wednesday arguing the court lacks jurisdiction until Crabb issues an order. State attorneys counter in their own brief that the court clearly has jurisdiction.