News
Wisconsin latest state to face marriage lawsuit
‘Evasion’ statute prohibits couples from going elsewhere to wed

Charvonne Kemp (left) and Marie Carlson filed a lawsuit in Wisconsin seeking marriage rights. (Photo courtesy of the American Civil Liberties Union)
Same-sex couples in Wisconsin joined others throughout the country on Monday in filing a lawsuit seeking same-sex marriage, but efforts there are unique because of the penalties for marrying in another jurisdiction.
The litigation seeks not only to overturn the state’s 2006 constitutional amendment barring same-sex marriage, but also to enjoin state official from enforcing a “marriage evasion law” prohibiting couples — gay and straight — from going elsewhere to marry if the marriage would be prohibited in the state.
The penalties of violating the marriage evasion law in Wisconsin, which is the only state to have such a statute, include up to $10,000 in fines and nine months in prison.
For Marie Carlson, one-half of one of the couples participating in the lawsuit, the marriage evasion law is of concern as she seeks recognition of her relationship with Charvonne Kemp.
“It’s illegal in the state Wisconsin to go another state and get married if you live here,” Carlson said. “I know that it’s not really all that enforced; it’s still something that hangs over your head.”
The marriage evasion law is particularly problematic for same-sex couples in Wisconsin because the Obama administration in most cases has elected to recognize same-sex marriages even if the state doesn’t recognize them — provided these couples are able to marry in a jurisdiction that allows it.
John Knight, a staff attorney with the American Civil Liberties Union’s LGBT project, called the marriage evasion law a “Catch-22” for same-sex couples living in Wisconsin who want to marry.
“Wisconsin is unique in that sense, and so we think that argument particularly exemplifies the harm or the animus toward same-sex couples in some parts of the country,” Knight said.
But for Kemp, it’s not the fear of prosecution for marrying elsewhere that compels her to seek the right marry in Wisconsin, but the ability to wed in the state where she’s lived with her partner for seven years and raised two sons.
“We’re completely in love, and we’d like to be married in the state that we live in,” Kemp said. “We do have options where we could obviously leave the state and go to other states and get married, but we want to be legally recognized where we live.”
The lawsuit, Wolf and Schumacher v. Walker, was filed by the ACLU, the ACLU of Wisconsin and Mayer Brown LLP and is pending before the U.S. District Court for the Western District of Wisconsin.
Like other lawsuits filed throughout the country, the 29-page complaint filed by the groups in Wisconsin alleges the state’s ban on same-sex marriage violates equal protection and due process under the Fourteenth Amendment to the U.S. Constitution.
“Although Wisconsin and this country have taken some steps to reduce discrimination against lesbians and gays, Wisconsin’s ban on marriage for same-sex couples is a striking and continuing vestige of the long history of discrimination toward lesbians and gay men,” the complaint says.
The lawsuit was filed on behalf of four same-sex couples seeking to marry in Wisconsin. Along with Kemp and Carlson, who reside in Milwaukee, they are: Virginia Wolf and Carol Schumacher, who reside in Eau Claire, Wis.; Roy Badger and Garth Wangemann, who live in Milwaukee; and Judith “Judi” Trampf and Katharina “Katy” Heyning, who live in Madison.
Although Wisconsin offers same-sex couples the ability to join in a domestic partnership, enacted in the state in 2009, they don’t offer same the legal rights as marriages.
Carlson said the union isn’t enough because that union provides little assistance beyond certain health insurance benefits — and that’s only if the insurance company recognizes the partnership.
“It also goes along with the fact that last like year, Charvonne’s mother passed away, and we all had to go to New Jersey for a week,” Carlson said. “I had to use vacation time because…the company I work for didn’t recognize she was legally my partner, so I didn’t get bereavement to be able to go. So, I had to use a week of my vacation.”
The office of Wisconsin Gov. Scott Walker (R) didn’t immediately respond to the Washington Blade’s request to comment on the lawsuit.
Wisconsin Attorney General J.B. Van Hollen, however, pledged in a statement to the Blade that he would the defend the marriage amendment.
“This constitutional amendment was approved by a large majority of Wisconsin residents,” Van Hollen said. “I believe the amendment is constitutional, and I will vigorously defend it.”
The Wisconsin litigation is among 40 pending lawsuits in 22 states throughout the country seeking marriage rights for gay couples.
Amid expectations that one will soon reach the U.S. Supreme Court for a final ruling on marriage equality, Knight said it’s possible, but he wouldn’t bet on it.
“It’s one of the possibilities it might go to the Supreme Court, but the chance of that in light of all the other cases out there is probably fairly small,” Knight said. “But it could be.”
Nonetheless, if Walker continues to fight the lawsuit and a high court ruling doesn’t happen before the case is resolved, Kemp said she’s willing to take her case to the Supreme Court to fight for marriage rights across the country if necessary.
“I’m willing to go to the Supreme Court to fight for the right for everyone to be able to get married if that’s what they choose to do,” Kemp said. “It’s about marriage equality for all, not marriage equality for some, or for just us.”
For Kemp, the ability to marry in Wisconsin is not just about the legal rights that marriage would afford, but the dignity of having the access to the same union as other couples.
“However, I want to be married just like everyone else. I want it to be legal, not just for if one of us should get sick and having rights where we’re in the hospital with the other one, but also taxes, all the things that come with marriage, good and bad,” Kemp said.
Brazil
Transgender woman elected to Brazilian Chamber of Deputies
Thabatta Pimenta is first trans person from northeast Brazil elected to Congress
SÃO PAULO — Voters in Brazil’s Rio Grande do Norte state on Sunday elected a transgender woman to the country’s Chamber of Deputies.
Natal Municipal Councilwoman Thabatta Pimenta, who is a member of the Green Party, won with 92,743 votes. She is the first trans woman from northeast Brazil elected to the country’s Congress.
Pimenta became emotional when she was speaking to her supporters after she won. Her brother Ryan, who has cerebral palsy, was by her side.
“This victory belongs to the people of Rio Grande do Norte,” she said. “It is a victory built from the ground up … the people themselves rose up, and you saw the result: today they elected the first female travesti federal deputy from northeast Brazil.”
Pimenta will join Erika Hilton, a travesti member of the leftist Socialism and Liberty (PSOL) party who was a sex worker before her election to the São Paulo Municipal Council, and Duda Salabert, a trans woman and fellow PSOL member from Minas Gerais state, in the Chamber of Deputies.
Hilton on Sunday won re-election with 1,596,472 votes, the most any female member of Congress has received in Brazilian history. Dudabert also won re-election with 215,192 votes.
“Thank you Minas Gerais,” said Dudabert on social media after she won re-election.
❤️ REELEITA!!! Obrigada Minas Gerais! Com muito trabalho, aumentamos nossa votação! Muito orgulho em ser, pela segunda eleição consecutiva, a terceira candidatura mais votada de Minas Gerais para o cargo de deputada federal. E mostramos novamente que é possível fazer uma campanha “lixo zero”- sem imprimir santinhos, bandeiras ou adesivos. Muito feliz! Obrigada Minas ! Obrigada Brasil
— Duda Salabert 5️⃣0️⃣5️⃣0️⃣ (@DudaSalabert) October 5, 2026
Three openly bisexual Chamber of Deputies candidates also won their races on Sunday.
• Guilherme Cortez, a PSOL member in São Paulo state
• Dandara Tonatzin, a member of President Luiz Inácio Lula da Silva’s Workers’ Party in Minas Gerais state
• Anielle Franco, a Workers’ Party member in Rio de Janeiro state.
Fabio Félix, a gay PSOL member of the Chamber of Deputies who represents the Federal District in which Brasília, the country’s capital, is located won re-election with 224,224 votes. Rick Azevedo, a gay PSOL member from Rio de Janeiro state, won his campaign.
Daiana Santos, a lesbian Brazilian Communist Party member who represents Rio Grande do Sul state in the Chamber of Deputies, won re-election with 114,315 votes.
Two lesbian women won their Chamber of Deputies campaigns.
• Rosa Amorin, a Workers’ Party member from Pernambuco state.
• Bella Gonçalves, a Workers’ Party member from Minas Gerais who is a member of the Belo Horizonte Municipal Council.
Rio de Janeiro Municipal Councilwoman Mônica Benício, who is a PSOL member, came up short in her bid for the Brazilian Senate. Her then-partner, Rio de Janeiro Municipal Councilwoman Marielle Franco, and her driver, Anderson Gomes, were assassinated on March 14, 2018.
Fabiano Contarato, a gay senator from Espíritu Santo state who is a member of the Workers’ Party, also lost his re-election bid.
“I receive the election results with respect and serenity,” he said on social media. “The popular will is sovereign, and democracy must always be respected.”
Jean Wyllys is a gay former member of the Chamber of Deputies who previously represented Rio de Janeiro state. He resigned in 2019 and fled Brazil after he received death threats. Wyllys this year ran to represent São Paulo state in the Chamber of Deputies, but he did not win his race.
VoteLGBT, an organization that seeks to increase LGBTQ representation in Brazilian politics, noted 529 openly LGBTQ candidates ran in the election. The group on Sunday said 35 of them won their races across the country.
Lula and Sen. Flávio Bolsonaro, whose father is former President Jair Bolsonaro, will face off in the presidential election’s second round on Oct. 25.
The Washington Blade will update this article.
Brazil
Lula, Flávio Bolsonaro to face off in second round of Brazilian presidential election
Neither man received at least 50 percent of the vote on Sunday
SÃO PAULO — President Luiz Inácio Lula da Silva will face off against Sen. Flávio Bolsonaro in the second round of Brazil’s presidential election on Oct. 25 after neither man received more than 50 percent of the vote in the first round that took place on Sunday.
Bolsonaro was ahead of Lula by a 47.03-45.16 percent margin with 100 percent of the vote counted.
Lula in 2022 defeated Bolsonaro’s father, then-President Jair Bolsonaro, in that year’s presidential election.
The Brazilian Supreme Court last year sentenced Bolsonaro — who repeatedly targeted LGBTQ Brazilians and other groups while in office — to more than 27 years in prison for his role in an attempted coup that saw thousands of his supporters storm the Congress, presidential palace, and the Supreme Court itself on Jan. 8, 2023. Bolsonaro is currently serving his sentence at his home in Brasília, the country’s capital, because of his poor health. His son has pledged to pardon him if he becomes the country’s next president.
Lula, who leads Brazil’s leftist Workers’ Party, was Brazil’s president from 2003-2010.
Sergio Moro, a judge who Jair Bolsonaro later tapped as his government’s Justice and Public Security Minister, in 2017 sentenced Lula to 9 1/2 years in prison after his conviction on money laundering and corruption charges that stemmed from Operation Car Wash.
The Supreme Court in November 2019 ordered Lula’s release.

VoteLGBT, an organization that seeks to increase LGBTQ representation in Brazilian politics, noted 529 openly LGBTQ candidates ran in this year’s election. More than 100 of them are either transgender or travesti.
The Washington Blade will cover the results of these races when they become available.
U.S. Federal Courts
Renee Good’s family files two federal lawsuits
ICE officer killed lesbian mother of three in Minneapolis in January
The family of lesbian woman who a U.S. Immigration and Customs Enforcement killed in Minneapolis in January have filed two federal lawsuits.
The Associated Press notes Renee Good’s partner, Becca Good, and her brother, Brent Ganger, in the lawsuits accuse the Trump-Vance administration and ICE officer Jonathan Ross of “unjustified and excessive use of force.”
Renee Good was a 37-year-old mother of three.
Ross on Jan. 7 shot and killed her in Minneapolis.
The shooting took place during the Trump-Vance administration’s so-called Operation Metro Surge that targeted Somalis and other immigrant groups in Minneapolis. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the U.S. Department of Veterans Affairs, in Minneapolis.
Both shooting sparked outrage across the U.S. and around the world.
“Every morning, she is my first thought. I think about how the kids are growing up without their mama, and how I will grow old without the love of my life. I think about how we should have had 40 more years together. But I also think about what she would have wanted after all of this,” said Becca Good in a statement the Human Rights Campaign released after she and her partner’s family announced the lawsuits.
“As we have tried to navigate our own massive loss, I am also devastated by how many other lives have been destroyed in this darkest of times. So many other families are dealing with the loss of their loved ones; to everyone who has had to witness it — the pain of this moment extends far beyond our family,” added Becca Good. “What happened to us should never happen to any family. No child should grow up without a parent because of it. No one should lose their sister or their daughter. No one should have to live without their soulmate. Accountability — real accountability — is the only way to make sure that no other family has to go through what we have.”
HRC President Kelley Robinson in her own statement said the Good family “is one of our own — and today, the Human Rights Campaign joins them in demanding justice.”
“It has been eight months and 24 days since Renee was shot and killed by an ICE agent, and the United States government has failed to take responsibility for its actions,” said Robinson. “Her partner, Becca, and brother Brent, have made the brave and bold decision to hold the government accountable, and we stand with them. Like every person murdered by ICE, Renee should be alive today. The Goods were robbed of what every American family deserves: to be together.”
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