Wolf v. Walker

9 F. Supp. 3d 889, 2014 U.S. Dist. LEXIS 38554, 2014 WL 1207514
CourtDistrict Court, W.D. Wisconsin
DecidedMarch 24, 2014
DocketNo. 14-cv-64-bbc
StatusPublished
Cited by3 cases

This text of 9 F. Supp. 3d 889 (Wolf v. Walker) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolf v. Walker, 9 F. Supp. 3d 889, 2014 U.S. Dist. LEXIS 38554, 2014 WL 1207514 (W.D. Wis. 2014).

Opinion

OPINION and ORDER

BARBARA B. CRABB, District Judge.

Plaintiffs in this case are challenging the constitutionality of Wisconsin restrictions on marriage between same-sex couples. After plaintiffs withdrew their motion for a preliminary injunction in favor of ah expedited schedule, dkt. # 55, Magistrate Judge Stephen Crocker set deadlines for filing dispositive motions, which means that briefing will be finished by'the end of May 2014. Dkt. #65.

Now defendants Scott Walker, J.B. Van Hollen, Richard G. Chandler, Oskar Anderson, Gary King and John Chisholm (referring to themselves as “the state defendants”) have filed “a motion to abstain and stay” on two grounds. Dkt. # 57. First, the state defendants argue that it is appropriate to stay the case until the Wisconsin Supreme Court decides Appling v. Walker, No. 2011AP1572. Second, the state defendants argue that abstention is appropriate because plaintiffs’ requested relief “would disrupt the state’s important interest in the uniform and coherent administration of state marriage laws.” Dfts.’ Br., dkt. # 58, at 2.

Because the state defendants have not shown that abstention is appropriate for either reason, I am denying their motion. Abstaining or staying the case would serve no purpose but to delay the case.

OPINION

As the Supreme Court has noted on several occasions, “a federal court’s obligation to hear and decide a ease is virtually unflagging.” Sprint Communications, Inc. v. Jacobs, — U.S. -, 134 S.Ct. 584, 590-91, 187 L-Ed.2d 505 (2013) (internal quotations omitted). Abstention “is the exception, not the rule, and can be justified only in exceptional circumstances.” Adkins v. VIM Recycling, Inc., 644 F.3d 483, 496-97 (7th Cir.2011) (internal quotations omitted).

[892]*892The state defendants rely on two separate abstention doctrines. First, under Railroad Commission of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941), a court may stay a case if “there is a substantial uncertainty as to the meaning of the state law” and “there exists a reasonable probability that the state court’s clarification of state law might obviate the need for a federal constitutional ruling.” Wisconsin Right to Life State Political Action Committee v. Barland, 664 F.3d 139, 150 (7th Cir.2011) (internal quotations omitted). “The main purpose of the Pullman doctrine is to avoid, if possible, declaring a state statute unconstitutional, by giving the state courts a chance to interpret it narrowly.” Mazanec v. N. Judson-San Pierre School Corp., 763 F.2d 845, 847 (7th Cir.1985). For example, in Pullman, 312 U.S. at 498, 61 S.Ct. 643, the plaintiffs challenged a railroad regulation on two grounds: it was racially discriminatory in violation of the equal protection clause and the railroad commission did not have the authority under state law to issue the regulation. Because the resolution of the state law issue was “far from clear,” id. at 499, 61 S.Ct. 643, the Supreme Court concluded that the district court should have stayed the case pending a decision by a state court in order to avoid “the friction of a premature constitutional adjudication.” Id. at 500, 61 S.Ct. 643.

Second, under Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), a federal court may abstain from hearing a case “when it is faced with difficult questions of state law that implicate significant state policies” or “when concurrent federal jurisdiction would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.” Adkins, 644 F.3d at 504 (internal quotations omitted). However, a disruption to state policy may be a basis for abstaining only when the state offers an alternative forum in a court “with specialized expertise” to review the plaintiffs’ claims. Id.

With respect to Pullman abstention, the state defendants do not suggest that there is any uncertainty regarding whether the Wisconsin Constitution prohibits same-sex couples such as plaintiffs from marrying in Wisconsin. That is obvious from the language of the amendment. Wis. Const. art. XIII, § 13 (“Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state.”). Further, defendants acknowledge that Appling v. Walker will not “obviate the need for a federal constitutional ruling” in this case. Barland, 664 F.3d at 150. As made clear by the Wisconsin Court of Appeals, Ap-pling “is not about whether the Wisconsin or United States Constitutions require, on equal protection or other grounds, that same-sex couples have the right to a legally recognized relationship that is identical or substantially similar to marriage.” Appling v. Doyle, 2013 WI App 3, ¶ 5, 345 Wis.2d 762, 766, 826 N.W.2d 666, 668. Rather, the question in Appling is whether Wisconsin’s 2009 domestic partnership statute violates the Wisconsin Constitution on the ground that it creates a legal status that is substantially similar to marriage. Thus, regardless whether the state supreme court upholds the domestic partnership law or strikes it down, this court will still have to decide whether Wisconsin’s ban on same-sex marriage violates the United States Constitution.

The state defendants cite various cases for the proposition that Pullman abstention is appropriate even when the state [893]*893court decision may not eliminate the federal constitutional question, saying it is enough if resolving the state law issue first will “materially alter” the federal question. Dfts.’ Br., dkt. # 58, at (citing Bellotti v. Baird, 428 U.S. 132, 146-47, 96 S.Ct. 2857, 49 L.Ed.2d 844 (1976); Harris County Commissioners Court v. Moore, 420 U.S. 77, 84, 95 S.Ct. 870, 43 L.Ed.2d 32 (1975); Kusper v. Pontikes, 414 U.S. 51, 54, 94 S.Ct. 303, 38 L.Ed.2d 260 (1973); American Booksellers Association, Inc. v. Hudnut, 771 F.2d 323, 327 (7th Cir.1985); E & E Hauling, Inc. v. Forest Preserve District of DuPage County, Illinois, 821 F.2d 433, 436 (7th Cir.1987)). The problem with the state defendants’ argument is that they never explain with any specificity how the decision in Appling is likely to change the scope of the issues in this case. Although they state repeatedly throughout their opening brief that Appling is important to this cáse, all of their arguments are conclusory:

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Bluebook (online)
9 F. Supp. 3d 889, 2014 U.S. Dist. LEXIS 38554, 2014 WL 1207514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolf-v-walker-wiwd-2014.