First, it plans to file a lawsuit on behalf of the 500 same sex couples who married before the stay was enacted.
Pink News reports:
The American Civil Liberties Union (ACLU) in the US state of Wisconsin is preparing to file a lawsuit which will aim to protect, and have recognised, the more than 500 marriages of same-sex couples. US District Judge Barbara Crabb struck down the state’s same-sex marriage ban on Friday 6 June, leading to some counties issuing marriage licences immediately, and allowing more than 500 gay and lesbian couples to wed.
The state is also asking the judge who ruled in the case to lift her stay.
LGBTQ Nation reports:
Crabb put her ruling on hold a week later, granting Republican Attorney General J.B. Van Hollen’s request to stay the order pending appeal. The ACLU filed a motion Thursday to lift the stay, arguing Van Hollen has had weeks to file notice of an appeal but has done nothing in hopes of delaying a ruling as long as possible. The motion was referred to U.S. Magistrate Judge Stephen Crocker. Van Hollen has until July 21 to file under court rules. His spokeswoman says the ACLU’s impatience won’t affect his timing.
Based on recent history, I’d say recognition of the existing marriages has a better shot than the stay being lifted before appeal.