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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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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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