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Wisconsin latest state to face marriage lawsuit

‘Evasion’ statute prohibits couples from going elsewhere to wed

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Charvonne Kemp, Marie Carlson, American Civil Liberties Union, ACLU, gay news, Washington Blade, Wisconsin, gay marriage, same-sex marriage, marriage equality
Charvonne Kemp, Marie Carlson, American Civil Liberties Union, ACLU, gay news, Washington Blade, Wisconsin, gay marriage, same-sex marriage, marriage equality

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.

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Israel

Queer American in Israel discusses Iran war’s impact

Max Polonsky lives in Jaffa

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Max Polonsky on his balcony in Jaffa (Photo courtesy of Max Polonsky)

The Washington Blade on Wednesday spoke with Max Polonsky, a queer American who lives in Israel, about the Iran war and its impact on the country.

“It’s been tiring,” Polonsky told the Blade during a telephone interview from his home in Jaffa, an ancient port city with a large Arab population that is now part of Tel Aviv.

Polonsky grew up in Cherry Hill, N.J. He lived in D.C. for eight years before he moved to Israel in March 2022.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

An Iranian missile on March 1 killed nine people and injured 27 others in Beit Shemesh, an Israeli town that is roughly 20 miles west of Jerusalem. Shrapnel from an Iranian missile that struck a hair salon in Beit Awa, a Palestinian town in the West Bank, on Wednesday killed four women and injured more than a dozen others.

An Iranian drone that hit a command center in Kuwait on March 1 killed six U.S. soldiers: Sgt. Declan Coady, Sgt. 1st Class Nicole Amor, Capt. Cody Khork, Sgt. 1st Class Noah Tietjens, Chief Warrant Officer 3 Robert Marzan, and Maj. Jeffrey O’Brien. Another American servicemember, Sgt. Benjamin Pennington, died on March 8, a week after Iranian drones and missiles targeted the Prince Sultan Air Base in Saudi Arabia.

Iranian drones and missiles have damaged hotels, airports, oil refineries, and other civilian and energy infrastructure in the United Arab Emirates, Kuwait, Qatar, and elsewhere. Israel on Wednesday attacked Iran’s South Pars natural gas field in the Persian Gulf.

The Associated Press notes roughly 20 percent of the world’s crude oil passes through the Strait of Hormuz that connects the Persian Gulf and the Gulf of Oman. Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the strategic waterway to ship traffic.

The war also left hundreds of thousands of people who were traveling in the Middle East stranded.

The Blade on March 6 spoke with Mario, who had stopped in his native Lebanon while traveling from the U.S. to India for work.

Mario was about to board a flight at Rafic Hariri International Airport in Beirut, the Lebanese capital, on Feb. 28 when the war began and authorities closed the country’s airspace. Mario is now back in the U.S.

The sky above Tel Aviv after Israel’s air defense system intercepted a missile. (Photo courtesy of Max Polonsky)

Polonsky told the Blade there were “alarms all day … sometimes multiple alarms an hour, sometimes every hour, every two hours” on Feb. 28.

Israel’s Home Front Command typically issues warnings about 10 minutes ahead of an anticipated Iranian missile attack. Sirens then sound 90 seconds before an expected strike.

People in Tel Aviv, Jerusalem, and in other cities in central Israel have 90 seconds to seek shelter if a rocket or missile is fired from Lebanon or the Gaza Strip. (Hezbollah, an Iran-backed Shia militant group in Lebanon that Israel and the U.S. have designated a terrorist organization, launched rockets at the Jewish State after Khamenei’s death. Israel, in turn, continues to carry out airstrikes against Hezbollah targets in Lebanon. Hamas militants on Oct. 7, 2023, killed upwards of 1,200 people when they launched a surprise attack against Israel from the Gaza Strip.) People who live close to Lebanon and Gaza have 15 seconds to seek shelter.

Polonsky has a safe room — known as a “mamad” — in his apartment. Polonsky also uses it as his home office and a second bedroom.

He told the Blade the alerts in recent days have become less frequent.

“We’ll get maybe a handful of alarms during the day, maybe some at night,” said Polonsky.

Israel on June 12, 2025, launched airstrikes against Iran that targeted the country’s nuclear and military facilities. The subsequent war, which lasted 12 days, prompted the cancellation of Tel Aviv’s annual Pride parade. An Iranian missile destroyed Mash Central, the city’s last gay bar.

Iran on Oct. 1, 2024, launched upwards of 200 ballistic missiles at Israel. This reporter arrived in Israel three days later to cover the first anniversary of Oct. 7 and the impact the subsequent war in the Gaza Strip had on LGBTQ Israelis and Palestinians.

‘Iranian regime was bad’

Polonsky admitted he doesn’t “know what to think” about the latest war against Iran.

“I don’t know what I think about the war,” he said. “Ultimately what happens is just not in my personal control: whatever Donald Trump, [Israeli Prime Minister Benjamin] Netanyahu, the ayatollah, whoever is running Iran are going to organize and launch attacks and reach any deals is not anything I personally have any control over, so I try to just kind of let that aspect of it go as I’m living my life.”

Israelis celebrating Purim at a house party take shelter in a safe room during an Iranian missile attack. (Photo courtesy of Max Polonsky)

Polonsky told the Blade he understands “there are very serious questions about how” the war started, and Congress’s role in it.

“Those are serious and valid, important questions,” he said. “And at the same time, the Iranian regime was bad.”

Polonsky noted Iran has supported and funded Hezbollah, Hamas, Houthi rebels in Yemen, and other groups “who were attacking Israel.” Polonsky added the Iranian government has “terribly oppressed their people.”

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Reports indicate Iranian authorities killed upwards of 30,000 people during anti-government protests that began late last year. Sources with whom the Blade spoke said LGBTQ Iranians are among those who participated in the demonstrations.

“I’m not sad to see them pressured,” said Polonsky, referring to the Iranian regime.

He also described Khamenei as “a bad guy.”

“Him not being there is better,” said Polonsky.

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Federal Government

Protesters say SAVE Act targets voters, transgender youth

Bill described as ‘Jim Crow 2.0’

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Protesters show their opposition to the SAVE Act outside the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”

The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.

President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.

In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.

A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.

Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.

“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”

U.S. Sen. Chuck Schumer (D-N.Y.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.

“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”

U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.

“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”

He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.

U.S. Sen. Alex Padilla (D-Calif.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”

U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.

“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.

“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”

She then showed the crowd something that she said has been with her throughout her political journey in Washington. 

“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.

“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”

Kelley Robinson, president of the Human Rights Campaign, speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.

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Obituary

Thomas A. Decker of Arlington dies at 73

Active in visiting AIDS patients, urging Congress to fight HIV

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Thomas A. Decker Jr.

Thomas A. Decker Jr, of Arlington, Va., died March 3, 2026 following an extended illness, according to a statement released by his family. He was 73.

Born and raised in Canton, Ohio, Decker attended the University of Akron and earned his bachelor’s degree in political science. He then moved to the Washington, D.C. area and accepted a position with Beaver Press where he worked for 32 years, according to the statement. 

He later worked in the Inova Juniper Program working with HIV/AIDS clients to assist them with support services and was active as a volunteer visiting AIDS patients in the hospital or advocating on Capitol Hill for HIV funding.

Tommy, as he was called by family, is survived by three sisters, a sister-in-law and two brothers-in-law: Carol Decker and Kathryn Kramer of West Newbury, MA, Margaret and Thomas Williams of Bluffton, SC, Mary Sue and Timothy Desiato of New Philadelphia, Ohio, Niece’s Trina and Chad Wedekind of Jacksonville Fl and great niece Isabella, Lindsay and Will Burgette of Dublin, Ohio and great nephews Colin and Luke and Nephews David Williams of Jacksonville, Florida, and Michael and Lucy Desiato of Dublin, Ohio and great nieces Lena and Stella. In accordance with Tom’s wishes, he will be buried at Calvary Cemetery in Massillon, Ohio.

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