MILWAUKEE - The number of Wisconsin counties issuing licenses to same-sex couples who want to get married is up to 49.

Shawano County Clerk Rosemary Rueckert and Eau Claire County Clerk Janet Loomis said Tuesday that their offices are now accepting applications for licenses.

At nearly the same time, an employee in the Sawyer County clerk's office said the clerk there had decided to wait until there was more definite direction from the state.

County clerks have been struggling to decide what to do after U.S. District Judge Barbara Crabb declared the state's ban on gay marriage unconstitutional but did not tell the state how to implement her decision. Some clerks have been issuing licenses, while others say they will wait for more definite guidance.

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.