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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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Tens of thousands take part in World Pride March

Event capped off two weeks of celebrations in Amsterdam.

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(Washington Blade photo by Michael Key)

AMSTERDAM — Tens of thousands of people on Saturday participated in the World Pride March in Amsterdam.

Outright International Executive Director Maria Sjödin and Paolo Rondelli, who in 2022 became the world’s first openly gay head of state when he became Captain Regent of San Marino, are among those who participated alongside Massachusetts state Rep. Jack Lewis and Olena Shevchenko, chair of Insight, an LGBTQ advocacy group in Ukraine, and others.

Members of D66, the centrist Dutch political party that Prime Minister Rob Jetten heads, also marched.

Jetten in February became the Netherlands’ first openly gay prime minister. He participated in the opening of the World Pride Human Rights Conference on Aug. 5 and spoke on a panel with Rondelli, former Irish Prime Minister Leo Varadkar, and other gay and lesbian current and former heads of government.

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The march took place a week after hundreds of thousands of people lined Amsterdam’s canals for the city’s annual Amsterdam Pride Canal Parade.

A terrorist attack at Berlin’s Christopher Street Day on July 25 left one person dead and more than two dozen others injured.

The incident overshadowed World Pride, which began hours earlier and ended on Saturday.

Dutch authorities increased security measures in the aftermath of the July 25 attack. No incidents were reported during World Pride.

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HRC condemns DoE removal of LGBTQ bullying data from federal survey

Organization cites rise in homophobic, transphobic policies, worse mental health outcomes

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Department of Education. (Public domain photo)

The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.

The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.

That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.

Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.

K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.

These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.

The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.

By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.

Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.

The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.

This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.

Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.

He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.

These policies have a real-world impact on trans people.

The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.

Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.

HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.

“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”

HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.

This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.

The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.

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Dutch PM: More needs to be done to defend trans rights

Rob Jetten on Friday was on World Pride Human Rights Conference panel

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Dutch Prime Minister Rob Jetten speaks at the World Pride Human Rights Conference in Amsterdam on Aug. 7, 2026. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key will be on assignment in Amsterdam until Aug. 10.

AMSTERDAM — Dutch Prime Minister Rob Jetten on Friday said more needs to be done to defend transgender people and their rights.

“Everywhere in the Western world, it’s definitely the group that’s the most vulnerable in the moment and it’s rather well-picked also by our advisories,” he said during a panel at the World Pride Human Rights Conference in Amsterdam that Ying Xin and Diego García Blum of Global LGBTQI+ Human Rights Program at the Harvard Kennedy School’s Carr-Ryan Center for Human Rights Policy moderated. “They’ve chosen the smallest group within our broader community (trans people) to attack them, to ensure that we can strip their rights and if they’ve done with that, they’ll go after the next group within our community, so we shouldn’t be naïve about what’s behind it.”

“It’s very well-funded. It’s very well-organized and we have to organize as well to fight back and to win this fight,” added Jetten. “We also need to be more open in conversations that we are having within the community and also dive into it much deeper and maybe even have more difficult and annoying conversations.”

Jetten in February became the Netherlands’ first openly gay prime minister.

He appeared on the panel alongside former Irish Prime Minister Leo Varadkar, who in 2017 became his country’s first openly gay head of government, and former San Marino Captain Regent Paolo Rondelli, who was his country’s ambassador to the U.S. from 2007-2016.

Several other current former heads of government who are gay or lesbian also participated in the panel. They include former Icelandic Prime Minister Jóhanna Sigurðardóttir, former Luxembourgish Prime Minister Xavier Bettel, and Andorran Prime Minister Xavier Espot Zamora. California Congressman Mark Takano, who chairs the Congressional Equality Caucus, and LGBTQ+ Victory Fund CEO Evan Low were among those who attended.

Jetten in his remarks said he was “very surprised” to learn that “not only in the U.S. but also in some European countries that we’ve let them decide what the gay group looked like.” The Dutch prime minister further pointed out that conservatives began “to attack the debate on toilets or starting this debate about trans people in Olympic games.”

“That is, of course, a ridiculous debate to start, but we’ve got distracted because we were so busy having this debate on Olympians, and then we actually forgot the real fight was about access to healthcare, just being yourself, being able to enlist in the army, or being able to be a young trans boy or girl in school,” said Jetten. “We got distracted by some fresh meat that was thrown into the area by some very conservative people.”

“We have to open our eyes and have very in-depth conservations within our community, and come up with a much better strategy to win this fight and to protect all our trans brothers and sisters, dolls, whatever,” he added. “Because if we don’t win this fight for trans people, we’re going to lose the bigger fight for all LGBTQ people in the world.”

Varadkar noted Ireland in 2015 passed a law that allows people to legally change their gender without surgery or other medical interventions.

He conceded there was “a liberal wind blowing across the world at the time, and it was largely uncontested.”

“It would be harder now, quite frankly, to do that legislation,” said Varadkar.

Former Irish Prime Minister Leo Varadkar speaks at the World Pride Human Rights Conference in Amsterdam on Aug. 7, 2026. (Washington Blade photo by Michael Key)

Scottish lawmakers in 2022 passed the Gender Recognition Reform Bill, which lowered the age for anyone to legally change their gender without medical intervention from 18 to 16. Then-British Prime Minister Rishi Sunak’s government later blocked the measure from taking effect.

The U.K. Supreme Court in 2025 ruled the legal definition of a woman under the country’s Equality Act is limited to “biological women.” Author J.K. Rowling is among those who praised the decision that stemmed from a case that challenged the Scottish government’s decision to include trans women in its definition of women when it sought to increase the number of women on government boards.

The Trump-Vance administration on Jan. 20, 2025, the first day it was in office, issued a sweeping executive order that, among other things, declared the federal government would only recognize two genders: male and female. The White House earlier this year in its counterterrorism strategy said it “will also prioritize the rapid identification and neutralization of violent secular political groups whose ideology is anti-American, radically pro-transgender, and anarchist.”

“We have to stay united,” said Rondelli. “The strategy was, since the beginning, was a Nazi strategy to create groups, target groups, and to create maximum distractions to avoid discussion about some sort of policies.”

“Trans people are the target at the moment,” he added. “But after them it will probably be some others, so we have to stay united.”

Former San Marino Captain Regent Paolo Rondelli speaks at the World Pride Human Rights Conference in Amsterdam in Aug. 7, 2026. (Washington Blade photo by Michael Key)

Boris Dittrich, the Dutch Senate’s First Vice President and a member of Jetten’s D66 party who was previously global advocacy director for Human Rights Watch’s LGBTQ Rights Program, at the end of the panel asked about protecting intersex babies from what advocates maintain are unnecessary surgeries.

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