The American Civil Liberties Union has urged same-sex couples to continue marrying, despite fears that a marriage ban could be put back in place.

US District Judge Barbara Crabb struck down the state’s same-sex marriage ban on Friday, and did not stay her own ruling, allowing same-sex couples to marry immediately.

However, Attorney General J B Van Hollen has asked for an emergency stay to be put in place to stop gay and lesbian couples from marrying in the state.

Stays were granted after marriages had already begun in Utah and Michigan earlier this year, leaving couples uncertain as to whether their marriages were valid.

However, the ACLU’s director Chris Ahmuty says couples in Wisconsin are likely to have their marriages recognised, even if a temporary stay is granted.

He told ABC: I think the risk of that is low. It would mean that a higher court, the court of appeals or the Supreme Court, would have to invalidate Judge Crabb’s decision and order.”

“I think the worst that could happen if someone got a marriage license today… even if it weren’t legal according to the circuit court order, it will be by the time we have a decision.” 

“The ACLU believes the ban has been struck down but individual county clerks whether it’s Milwaukee, Dane county, other counties around Wisconsin they’re going to have to make up their own mind using independent legal advice as to whether or not they’re going to start issuing licenses.”