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MILWAUKEE - A federal judge has refused to issue an emergency stay blocking gay marriages in Wisconsin.

U.S. District Judge Barbara Crabb declared the state's gay marriage ban unconstitutional in an ACLU lawsuit Friday.

But she didn't issue any injunction or order telling county clerks to begin issuing licenses. That left clerks to decide for themselves whether they have the power to issue licenses to same-sex couples.

A number of counties, including Milwaukee and Madison, have started issuing licenses.

Republican Attorney General J.B. Van Hollen asked Crabb on Friday for an emergency stay halting gay marriages pending his appeal. He also asked the 7th Circuit Court of Appeals for an emergency stay.

Crabb rejected the request Monday, saying the ACLU is still drafting an injunction and she wants to see the language before deciding whether to issue a stay.

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