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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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Congress

MTG resigns after years of anti-LGBTQ attacks amid Trump feud

Greene’s abrupt departure adds fresh uncertainty to an already fractured Republican Party.

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Representative Marjorie Taylor Greene publicly announced her resignation from Georgia's 14th Congressional District late Friday night on social media. (Screen capture insert via Forbes Breaking News YouTube)

Rep. Marjorie Taylor Greene announced on Friday that she is resigning from Congress.

In a post on X (formerly Twitter), the Georgia 14th Congressional District representative announced her sudden decision to resign from office.

The nearly 11-minute-long video shows Rep. Greene stating she will step down from her role representing one of Georgia’s most Republican districts on Jan. 5, 2026. She cited multiple reasons for this decision, most notably her very public separation from Trump.

In recent weeks, Greene — long one of the loudest and most supportive MAGA members of Congress — has butted heads with the president on a slew of topics. Most recently, she supported pushing the DOJ to release the Epstein Files, becoming one of only four Republicans to sign a discharge petition, against Trump’s wishes.

She also publicly criticized her own party during the government shutdown. Rep. Greene had oddly been supportive of Democratic initiatives to protect healthcare tax credits and subsidies that were largely cut out of national healthcare policy as a result of Trump’s “Big Beautiful Bill,” passed in July.

“What I am upset over is my party has no solution,” Greene said in October.

Trump recently said he would endorse a challenger against the congresswoman if she ran for reelection next year, and last week went as far as to declare, “Marjorie ‘Traitor’ Green is a disgrace to our GREAT REPUBLICAN PARTY!” on his Truth Social platform.

Trump told ABC News on Friday night that Greene’s resignation is “great news for the country,” and added that he has no plans to speak with Greene but wishes her well.

Despite her recent split with the head of the Republican Party, Rep. Greene has consistently taken a staunch stance against legislation supporting the LGBTQ community — notably a hardline “no” on any issue involving transgender people or their right to gender-affirming care.

Rep. Greene has long been at odds with the LGBTQ community. Within her first month in office, she criticized Democrats’ attempts to pass the Equality Act, legislation that would bar anti-LGBTQ employment discrimination. She went as far as to suggest an apocalypse-like scenario if Congress passed such a measure.

“God created us male and female,” she said on the House floor. “In his image, he created us. The Equality Act that we are to vote on this week destroys God’s creation. It also completely annihilates women’s rights and religious freedoms. It can be handled completely differently to stop discrimination without destroying women’s rights, little girls’ rights in sports, and religious freedom, violating everything we hold dear in God’s creation.”

Greene, who serves one of the nation’s most deeply red districts in northwest Georgia, attempted to pass legislation dubbed the “Protect Children’s Innocence Act,” which would have criminalized gender-affirming care for minors and restricted federal funding and education related to gender-affirming care in 2023. The bill was considered dead in January 2025 after being referred to the House Committee on the Judiciary.

Her push came despite multiple professional medical organizations, including the nation’s largest and most influential — the American Medical Association — stating that withholding gender-affirming care would do more harm than any such care would.

She has called drag performers “child predators” and described the Democratic Party as “the party of killing babies, grooming and transitioning children, and pro-pedophile politics.”

Greene has also publicly attacked Delaware Rep. Sarah McBride, the nation’s first and only transgender member of Congress. She has repeatedly misgendered and attacked McBride, saying, “He’s a man. He’s a biological male,” adding, “he’s got plenty of places he can go” when asked about bathrooms and locker rooms McBride should use. Greene has also been vocal about her support for a bathroom-usage bill targeting McBride and transgender Americans as a whole.

She has repeatedly cited false claims that transgender people are more violent than their cisgender counterparts, including falsely stating that the 2022 Robb Elementary School shooter in Texas was transgender.

The former MAGA first lady also called for an end to Pride month celebrations. She criticized the fact that the LGBTQ community gets “an entire” month while veterans get “only one day each year” in an X post, despite November being designated as National Veterans and Military Families Month.

Under Georgia law, Gov. Brian Kemp (R) must hold a special election within 40 days of the seat becoming vacant.

The Washington Blade reached out to both the White House and Greene’s office for comment, but has not heard back.

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Comings & Goings

David Mack named inaugural executive director of IN series

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David Mack (Photo by Jeff Ellingson)

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to David Mack onbeing named the inaugural executive director of the IN series. On accepting the position Mack said, “I’m excited to join the D.C. community as IN Series’ inaugural executive director as the company enters its adventurous next chapter. I’m eager to meet audiences across the Baltimore and Washington, D.C. area in order to help expand access to innovative opera — whether they’re longtime enthusiasts or discovering it for the first time. Thank you … to the IN Series hiring committee for inviting me into your world with open arms, and such generosity of spirit.”

Mack is a seasoned arts executive and producer, with more than 15 years of leadership experience in innovative performing arts organizations, including the African American Art &Culture Complex; Joe Goode Performance Group; and Invertigo Dance Theatre. As a strategic arts consultant, his clients have included LA Dance Project, Diavolo, Architecture in Motion, and Center Theatre Group. As general manager of The Industry, he produced Invisible Cities at LA’s Union Station in collaboration with the LA County Metropolitan Transportation Authority. 

Mack has served on the boards of the LA Producer’s League, Western Arts Alliance, and Creative West, and advocated on behalf of artists as a member of the SF Arts Alliance, and Greater Bay Area Arts Coalition. Mack was co-founder of Theatre Magnet, Artist Magnet and Artist Magnet Justice Alliance, a series of Oakland-based arts service and consulting organizations. He is currently a DeVos Institute of Arts & Nonprofit Management Global Executive fellow. He earned his master’s in theater at the California Institute of the Arts.

Chord Bezerra

Congratulations also to Chord Bezerra who is returning to the U.S. Pharmacopeia as Senior Design Manager. Upon accepting the position he said, “Returning to U.S. Pharmacopeia as Senior Design Manager feels like coming home to a mission I care deeply about — using design to make complex science clearer, more human, and more accessible to the people it serves.”

Bezerra has more than 20 years of experience in design leadership and management. He has most recently been manager, Brand and Advertising, CareFirst Blue Cross Blue Shield. Prior to that he was Senior Lead Designer (contractor) CareFirst Blue Cross Blue Shield. His initial stint with Pharmacopeia in Rockville, Md., was as a senior graphic designer. While there, he oversaw award-winning design (2020 Hermes & Marcom Awards); mentored and directed junior designers; and fostered visual storytelling solutions by directing junior designers for two years. He has served as chair and founding member of eQuality Alliance, USP’s first LGBTQIA+ Affinity Group.  

Bezerra had his own company for many years, Chord Bezerra Creative in D.C. Clients included national and non-profit organizations such as American Association for the Study of Liver Diseases, The Limited, Columbia Business School, Victory Fund, Zengo Cycling, Capital Pride, and Andrew Christian, among others. He earned his bachelor’s degree in communications from the University of Delaware.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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