The American Civil Liberties Union withdrew its request to temporarily freeze Wisconsin’s gay marriage ban Tuesday.
The injunction was filed on Feb. 27 and requested the state not enforce its same-sex marriage ban until the U.S. District court rules on the state’s ban. The ACLU agreed to withdraw its injunction request under the condition that two same-sex couples added to the original lawsuit filed in February will not be prosecuted by district attorneys in Milwaukee and Eau Claire, according to the Wisconsin State Journal.
Wisconsin is the only state with a marriage evasion statute that allows same-sex couples married in other states to be prosecuted and fined up to $10,000 or nine months in prison.
The presiding U.S. District Judge Barbara Crabb recommended the move, according to the Wisconsin State Journal. Crabb cited the “flurry of lawsuits” across the country that have seen judges grant injunction, only to have the rulings reversed.
Crabb said the plaintiffs should consider withdrawing their request in order to pursue a “swift final determination” rather than avoid getting bogged down in litigation, according to the Wisconsin State Journal.
Wisconsin passed the Domestic Partnership Act in 2009 to give same-sex couples benefits that opposite-sex couples receive through marriage. Under current law, same-sex couples and opposite-sex couples do not hold the same protections and rights.
Seventeen states, in addition to the District of Columbia now allow same-sex marriage.
