Connect with us

News

Wisconsin latest state to face marriage lawsuit

‘Evasion’ statute prohibits couples from going elsewhere to wed

Published

on

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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Colombia

Colombians protest against Trump after he threatened country’s president

Tens of thousands protested the US president in Bogotá

Published

on

Colombians protest against U.S. President Donald Trump in Plaza Bolívar in Bogotá, Colombia, on Jan. 7, 2026. (Washington Blade photo by Michael K. Lavers)

BOGOTÁ, Colombia — Tens of thousands of people on Wednesday gathered in the Colombian capital to protest against President Donald Trump after he threatened Colombian President Gustavo Petro.

The protesters who gathered in Plaza Bolívar in Bogotá held signs that read, among other things, “Yankees go home” and “Petro is not alone.” Petro is among those who spoke.

The Bogotá protest took place four days after American forces seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.

The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.

Trump on Sunday suggested the U.S. will target Petro, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s. Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.

The Bogotá protest is among hundreds against Trump that took place across Colombia on Wednesday.

Petro on Wednesday night said he and Trump spoke on the phone. Trump in a Truth Social post confirmed he and his Colombian counterpart had spoken.

“It was a great honor to speak with the president of Colombia, Gustavo Petro, who called to explain the situation of drugs and other disagreements that we have had,” wrote Trump. “I appreciated his call and tone, and look forward to meeting him in the near future. Arrangements are being made between Secretary of State Marco Rubio and the foreign minister of Colombia. The meeting will take place in the White House in Washington, D.C.”

Colombians protest against U.S. President Donald Trump in Plaza Bolívar in Bogotá, Colombia, on Jan. 7, 2026. (Washington Blade photo by Michael K. Lavers)
Continue Reading

District of Columbia

Kennedy Center renaming triggers backlash

Artists who cancel shows threatened; calls for funding boycott grow

Published

on

Richard Grenell, president of the Kennedy Center, threatened to sue a performer who canceled a holiday show. (Washington Blade photo by Michael Key)

Efforts to rename the Kennedy Center to add President Trump’s name to the D.C. arts institution continue to spark backlash.

A new petition from Qommittee , a national network of drag artists and allies led by survivors of hate crimes, calls on Kennedy Center donors to suspend funding to the center until “artistic independence is restored, and to redirect support to banned or censored artists.”

“While Trump won’t back down, the donors who contribute nearly $100 million annually to the Kennedy Center can afford to take a stand,” the petition reads. “Money talks. When donors fund censorship, they don’t just harm one institution – they tell marginalized communities their stories don’t deserve to be told.”

The petition can be found here.

Meanwhile, a decision by several prominent musicians and jazz performers to cancel their shows at the recently renamed Trump-Kennedy Center in D.C. planned for Christmas Eve and New Year’s Eve has drawn the ire of the Center’s president, Richard Grenell.

Grenell, a gay supporter of President Donald Trump who served as U.S. ambassador to Germany during Trump’s first term as president, was named Kennedy Center president last year by its board of directors that had been appointed by Trump.    

Last month the board voted to change the official name of the center from the John F. Kennedy Memorial Center For The Performing Arts to the Donald J. Trump And The John F. Kennedy Memorial Center For The Performing Arts. The revised name has been installed on the outside wall of the center’s building but is not official because any name change would require congressional action. 

According to a report by the New York Times, Grenell informed jazz musician Chuck Redd, who cancelled a 2025 Christmas Eve concert that he has hosted at the Kennedy Center for nearly 20 years in response to the name change, that Grenell planned to arrange for the center to file a lawsuit against him for the cancellation.

“Your decision to withdraw at the last moment — explicitly in response to the Center’s recent renaming, which honors President Trump’s extraordinary efforts to save this national treasure — is classic intolerance and very costly to a non-profit arts institution,” the Times quoted Grenell as saying in a letter to Redd.

“This is your official notice that we will seek $1 million in damages from you for this political stunt,” the Times quoted Grenell’s letter as saying.

A spokesperson for the Trump-Kennedy Center did not immediately respond to an inquiry from the Washington Blade asking if the center still planned to file that lawsuit and whether it planned to file suits against some of the other musicians who recently cancelled their performances following the name change. 

In a follow-up story published on Dec. 29, the New York Times reported that a prominent jazz ensemble and a New York dance company had canceled performances scheduled to take place on New Year’s Eve at the Kennedy Center.

The Times reported the jazz ensemble called The Cookers did not give a reason for the cancellation in a statement it released, but its drummer, Billy Hart, told the Times the center’s name change “evidently” played a role in the decision to cancel the performance.

Grenell released a statement on Dec. 29 calling these and other performers who cancelled their shows “far left political activists” who he said had been booked by the Kennedy Center’s previous leadership.

“Boycotting the arts to show you support the arts is a form of derangement syndrome,” the Times quoted him as saying in his statement.

Continue Reading

District of Columbia

New interim D.C. police chief played lead role in security for WorldPride

Capital Pride says Jeffery Carroll had ‘good working relationship’ with organizers

Published

on

New interim D.C. Police Chief Jeffery Carroll (Screen capture via FOX 5 Washington DC/YouTube)

Jeffery Carroll, who was named by D.C. Mayor Muriel Bowser on Dec. 17 as the city’s  Interim Chief of Police, played a lead role in working with local LGBTQ community leaders in addressing public safety issues related to WorldPride 2025, which took place in D.C. last May and June

“We had a good working relationship with him, and he did his job in relation to how best the events would go around safety and security,” said Ryan Bos, executive director of Capital Pride Alliance.  

Bos said Carroll has met with Capital Pride officials in past years to address security issues related to the city’s annual Capital Pride parade and festival and has been supportive of those events.  

At the time Bowser named him Interim Chief, Carroll had been serving since 2023 as Executive Assistant Chief of Specialized Operations, overseeing the day-to-day operation of four of the department’s bureaus. He first joined the D.C. Metropolitan Police Department in 2002 and advanced to multiple leadership positions across various divisions and bureaus, according to a statement released by the mayor’s office.

“I know Chief Carroll is the right person to build on the momentum of the past two years so that we can continue driving down crime across the city,” Bowser said in a statement released on the day she announced his appointment as Interim Chief.

“He has led through some of our city’s most significant public safety challenges of the past decade, he is familiar with D.C. residents and well respected and trusted by members of the Metropolitan Police Department as well as our federal and regional public safety partners,” Bowser said.

“We have the best police department in the  nation, and I am confident that Chief Carroll will meet this moment for the department and the city,” Bowser added.

But Bowser has so far declined to say if she plans to nominate Carroll to become the permanent police chief, which requires the approval of the D.C. City Council. Bowser, who announced she is not running for re-election, will remain in office as mayor until January 2027.

Carroll is replacing outgoing Chief Pamela Smith, who announced she was resigning after two years of service as chief to spend more time with her family. She has been credited with overseeing the department at a time when violent crime and homicides declined to an eight-year low.

She has also expressed support for the LGBTQ community and joined LGBTQ officers in marching in the WorldPride parade last year.  

But Smith has also come under criticism by members of Congress, who have accused the department of manipulating crime data allegedly showing lower reported crime numbers than actually occurred. The allegations came from the Republican-controlled U.S. House Oversight Committee and the U.S. Justice Department 

Bowser has questioned the accuracy of the allegations and said she has asked the city’s Inspector General to look into the allegations.   

Meanwhile, a spokesperson for the D.C. police Office of Public Affairs did not immediately respond to a question from the Washington Blade about the status of the department’s LGBT Liaison Unit. Sources familiar with the department have said a decline in the number of officers currently working at the department, said to be at a 50-year low, has resulted in a decline in the number of officers assigned to all of the liaison units, including the LGBT unit.  

Among other things, the LGBT Liaison Unit has played a role in helping to investigate hate crimes targeting the LGBTQ community. As of early Wednesday an MPD spokesperson did not respond to a question by the Blade asking how many officers are currently assigned to the LGBT Liaison Unit.  

Continue Reading

Popular