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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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Philippines

Philippines Supreme Court rules same-sex couples can co-own property

Advocacy group celebrated landmark decision

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(Bigstock photo)

The Philippines Supreme Court in a landmark ruling said same-sex couples can co-own property under the country’s Family Code.

The Philippine News Agency on Tuesday notes the court issued its ruling in the case of two women who bought a house in Quezon City, a suburb of Manila, the Filipino capital, before they broke up.

The two women, according to the Philippine News Agency, “agreed to sell the property” after they ended their relationship, “and the registered owner — the respondent — signed a document acknowledging that the other partner paid for half of the purchase and renovations.” The Philippine News Agency notes “the registered owner” later “refused to sell the property and withdrew her earlier acknowledgment of co-ownership, prompting the other partner to file a complaint.”

A Regional Trial Court and the Philippines Court of Appeals ruled against the plaintiff.

The Supreme Court in a 14-page ruling it issued on Feb. 5 overturned the decisions. The Supreme Court published its decision on Tuesday.

“Considering that there is co-ownership between petitioner and respondent, then each co-owner may demand at any time the partition of the thing owned in common, insofar as her share is concerned,” said the Supreme Court in its ruling, according to the Philippine News Agency. “Having rightful interest over the subject property, petitioner has the right to demand the division of the subject property.”

The predominantly Catholic country’s Family Code defines marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.” It also states in Article 148 that “in cases of cohabitation” outside of marriage, “only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.”

“In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal,” it reads.

The BBC reported the Supreme Court ruling states this provision “applies to all forms of co-habitation,” regardless of the couple’s gender. A Supreme Court press release indicates the decision notes lawmakers and the Filipino government “must address same-sex couples’ rights, as courts alone cannot resolve all related policy concerns.”

“This court does not have the monopoly to assure the freedom and rights of homosexual couples,” it reads. “With the political, moral, and cultural questions that surround the issue concerning the rights of same-sex couples, political departments, especially the Congress must be involved to quest for solutions, which balance interests while maintaining fealty to fundamental freedoms.”

LGBT Pilipinas, a Filipino advocacy group, welcomed the ruling.

“This ruling marks a monumental step forward in the legal recognition of LGBTQ+ families and relationships in the country,” it said in a statement.

LGBT Pilipinas added the ruling “lays a crucial legal foundation for broader recognition of same-sex relationships and strengthens the push for comprehensive anti-discrimination protections.”

“This is a win not only for the LGBTQ+ community, but for fairness and justice in Philippine society as a whole,” said the group.

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Florida

Disney’s Gay Days ‘has not been canceled’ despite political challenges

GayDays is moving forward with its planned LGBTQ meet-up

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(Photo by Ben Gingell/Bigstock)

Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.

Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.

In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.

“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”

Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.

In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.

“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”

In a longer message shared with supporters, organizers elaborated on that now-reversed decision.

“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.

“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”

GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.

Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.

Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.

Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.

Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.

Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.

More details about this event are expected to be released on Friday.

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New York

Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks

The new NPS policy targets Pride flags amid consistent efforts from the Trump administration to minimize LGBTQ history.

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(Photo courtesy of the National Park Service)

A rainbow Pride flag flying at the Stonewall National Monument in New York was removed at the direction of Trump administration officials at the National Park Service, according to a source familiar with the matter who spoke to the Blade on condition of anonymity.

The source said the move had been in the works for weeks and is part of ongoing efforts by the Trump-Vance administration to erase LGBTQ identity from federally controlled landmarks.

In response to the Blade’s request for information about the new flag policy, the National Park Service provided the following statement:

“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points. The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose. These include historical context or reenactments, current military branch flags, flags of federally recognized tribal nations affiliated with a park, flags at sites co-managed with other federal, state, or municipal partners, flags required for international park designations, and flags displayed under agreements with U.S. Citizenship and Immigration Services for Naturalization ceremonies.”

The statement also included official guidance on the display of non-agency flags issued by Trump-appointed National Park Service Director Jessica Bowron.

The Blade reached out to other organizations to confirm the status of the Pride flag last week, including the Stonewall National Monument Visitor Center, the NYC Landmarks Preservation Commission, and the National Parks Conservation Association. None were able to provide details about whether the flag was still flying at that time but it has since been removed.

This action aligns with other moves targeting and erasing LGBTQ history. In September, the Blade reported that three organizations originally slated to receive more than $1.25 million from the National Park Service’s Underrepresented Communities Grant Program would no longer receive funding: In Washington, D.C., the Preservation League had been awarded $75,000 to document LGBTQ+ historic resources. In Providence, R.I., the Preservation Society was slated for $74,692 to conduct an LGBTQ+ survey and prepare a National Register nomination. And in New York, the Fund for the City of New York, Inc., had been awarded $32,000 to nominate the residence of Bayard Rustin — the iconic civil rights and LGBTQ activist — as a National Historic Landmark. 

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