Judge dismisses same-sex marriage lawsuit against Chris Abele

MILWAUKEE -- A lawsuit filed against Milwaukee County Executive Chris Abele and three other county clerks for issuing same-sex marriage licenses has been dismissed.

Bob Braun filed the $10,000 lawsuit in June after U.S. District Court Judge Barbara Crabb struck down the state's ban on same-sex marriage.

Crabb's decision is on hold right because of appeals, however, Abele allotted overtime for county clerks to fulfill marriages. He even paid for the overtime costs out of his own pocket after couples rushed to the courthouse after Crabb's ruling.

Braun claims the county's decision to issue the licenses violated the public's civil rights and ignored the constitutional ban on same-sex marriage.

On Monday, a Milwaukee County judge disagreed, saying Braun's lawsuit failed to state a claim proving that.

The judge said Crabb could have issued orders at the time of her ruling, but did not, which put no restrictions on issuing licenses.

Braun is upset he wasn't given the chance to present his case at a trial.

\"My rights went right out of the window and so did everybody else's in the state of Wisconsin,\" he said. \"This is a sham. This is unheard of. This is as bad as it gets.\"

The judge has five days to reconsider. If that time passes without any change, Braun plans to appeal.