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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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Turkey

More than 150 people detained outside Istanbul courthouse

Protesters gathered after raids targeted Turkey’s LGBTQ community

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(Washington Blade photo by Michael K. Lavers)

Turkish authorities on Tuesday detained more than 150 people who gathered outside an Istanbul courthouse to protest raids that targeted the country’s LGBTQ community.

CNN reported the protesters had planned to speak with reporters outside the city’s Caglayan courthouse, but authorities prevented them from doing so.

Turkish authorities over the weekend detained dozens of people in Istanbul and in other cities during raids that were part of the government’s “My Family is Safe” campaign.

A statement from a group of Turkish advocacy groups the Washington Blade received on Tuesday notes “at least 112 people have been detained in connection with the operations.” The organizations said 43 of those taken into custody are “LGBTI+ rights defenders,” and “at least” 62 of those detained “have been arrested, while judicial proceedings remain ongoing in Istanbul.”

“Among those arrested, at least 16 are LGBTI+ activists or individuals connected to LGBTI+ associations, including founders and members of association bodies,” reads the statement. “Per press statements by the prosecutor’s offices, dissolution cases will also be launched against associations.” 

“The majority of those arrested are trans women who are charged with prostitution-related offences,” it adds. “While authorities have framed the operations as part of investigations into alleged crimes such as obscenity, prostitution and child exploitation, human rights defenders and civil society organizations have raised serious concerns regarding the use of criminal law mechanisms and public morality narratives to target legitimate LGBTI+ rights activities. Civil society views the ‘My Family is Safe’ narrative as a smokescreen to distract the public from deep economic crises and actual domestic violence, weaponizing moral panic to scapegoat LGBTI+ rights defenders, who have long been targeted by the government.”

The raids have sparked outrage among LGBTQ activists in Europe and elsewhere around the world.

The Congressional Equality Caucus and U.S. Rep. Carlos Giménez (R-Fla.) are among those who have publicly condemned them in the U.S. The Council for Global Equality on Friday is scheduled to hold a rally in support of Turkey’s LGBTQ community in front of the Turkish Embassy in Northwest D.C. 

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Delaware

Gay man sues Delaware AG for not prosecuting partner in domestic violence case

Also accuses Univ. of Delaware of failing to discipline Ph.D. student named as attacker

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Delaware Attorney General Kathy Jennings won her primary on Tuesday. She has faced some criticism over a decision not to prosecute a case of same-sex domestic violence. (Photo courtesy of Jennings’s campaign)

Tymothy ‘Ty’ Moyer, a gay former resident of Wilmington, Del., earlier this year filed a lawsuit in federal court charging Delaware Attorney General Kathleen ‘Kathy’ Jennings, one of her deputies, and a state-employed victims advocate with conspiring to deny him “equal protection” under the law because he is African American by declining to prosecute his then domestic partner after the partner’s arrest on Feb. 3, 2024, for assaulting and seriously injuring him, causing a “permanent traumatic brain injury.”    

The lawsuit also names as defendants the University of Delaware and one of its officials for allegedly failing to sufficiently discipline Michael Uzu, Moyer’s former partner and alleged attacker, who at the time was a graduate student seeking a Ph.D. in chemistry.

According to the lawsuit, following his arrest on an assault charge, the university conducted an investigation of Uzu and found he violated the university’s policy of student conduct by engaging in domestic violence, but issued a deferred suspension until December 2025, allowing him to continue his studies. Moyer has said the university acted improperly by not expelling Uzu from its Ph.D. program because of the seriousness of the assault.

The lawsuit identifies Uzu, 33, as a citizen of Nigeria with a U.S. student visa. Uzu identifies himself on his LinkedIn page as a chemist who was conducting research for the Delaware-based chemical company Chemours while studying advanced chemistry at the University of Delaware. His LinkedIn page says he received his Ph.D. in 2026.

 Moyer, 30, who identifies himself in his lawsuit as African American and a lifelong U.S. citizen, provided the Washington Blade with a statement describing the details of his allegations against Uzu.

“On the late evening of February 2 through the morning of the 3rd, in 2024, I ended the relationship and asked Michel ‘Mike’ Uzu to leave my apartment in Wilmington, Delaware,” his statement says. “I was ending the relationship after months of escalating mistreatment,” the statement says, adding that Uzu refused to leave his apartment and started a confrontation.

“Uzu attacked me,” the statement continues. “He struck me repeatedly with his fists, with my own cell phone, and with a titanium lacrosse stick that he picked up from inside the apartment and used to strike me on the head. I suffered severe facial trauma, swelling, bodily bruising, and required surgical staples to close the lacerations on the top of my skull.” 

The statement adds, “During the assault, Uzu told me he would kill me if I told anyone. Outside the apartment building, Uzu picked up a large rock and positioned himself to strike me with it before a bystander intervened.” It says Moyer was then transported to the emergency room of a nearby hospital.

Moyer’s lawsuit says Uzu was arrested by Wilmington police, indicted by a grand jury, and arraigned on felony and misdemeanor assault charges.

In response to an email request from the Blade for comment, Uzu emailed a statement on Sept. 15 denying all of Moyer’s allegations, saying it was he who told Moyer he wanted to end their relationship and it was Moyer who assaulted him.

“He would get drunk and use drugs and pick up fights with me and apologize when he became normal,” Uzu says in his statement. “So, I packed up my things and decided to depart from him,” he said, adding, “The night preceding the day I was moving out he attacked me while I was sleeping, kicked me in the stomach and injured me in my arms, jaw and neck while I was sleeping, that turned into a fight as I was defending myself.”

He said he called the police and before the police arrived Moyer “self-inflicted injury on himself and framed it on me.” 

Moyer couldn’t immediately be reached for a response to Uzu’s allegations. But his friend, journalist Scott Davis, who has followed the case and examined the police report and court documents, said none of Uzu’s allegations could be confirmed by police, who arrived on the scene and prepared a report. Among other things, Davis said the investigation conducted by the University of Delaware found Uzu never provided any documentation that he was injured.

Davis said Moyer, who is about 5 feet 7 inches tall and weighs about 160 pounds compared to Uzu, who is over six feet tall and weighed over 200 pounds, was the one found to be suffering serious injuries, with no injuries reported for Uzu.

Moyer’s earlier statement to the Blade says that In September 2024, on the day of his birthday, the lead prosecutor in the case, Deputy Attorney General Claudia Debonte, called him to inform him she was dropping the case. The lawsuit states that the reason given for dropping the case was insufficient evidence based on Uzu’s claim that he acted in self-defense.

“The University’s hearing officer explicitly rejected Uzu’s self-defense claims as ‘inconsistent and unreliable’ and found that Uzu’s account contained ‘multiple irreconcilable inconsistencies’ and ‘material omissions,’” Moyer’s lawsuit states.

Moyer’s lawsuit says the university’s investigative findings and the police report at the  time Uzu was arrested, along with a partial video Moyer took with his phone showing Uzu attacking him with the lacrosse stick, clearly provide sufficient evidence for a full prosecution.

Moyer has said the assault left him with permanent brain damage that impaired his vision, forcing him to resign from his career as a financial compliance associate with the BlackRock asset management company.

In response to a request by the Blade for comment on why the Delaware Attorney General’s office, with the approval of Attorney General Jennings, declined to prosecute Uzu for assault, Matt Marshall, a spokesperson for Jennings, sent the Blade a statement.

“While I can’t characterize specific evidence or statements made to police, the State’s analysis included, but was not limited to, the investigation’s finding that the Defendant had a credible claim of self-defense,” according to Marshall’s statement. 

“This kind of dynamic is fairly common in domestic violence cases, no less so in same-sex cases,” he said. “A case being unviable at trial does not mean a victim has not been harmed, that we don’t believe them, or even necessarily that a Defendant is innocent,” Marshall’s statement says. “It only means that criminal guilt could not be proven at trial.”

Among other things, he noted that prosecutors must be able to convince a jury that a defendant is guilty beyond a reasonable doubt. In this case, he said, his office did not believe they could overcome “every reasonable doubt, which would include a Defendant’s argument that they acted in self-defense.”

Jennings, a Democrat, who easily won her primary race for re-election to a third four-year term on Tuesday, has a longstanding record of support on LGBTQ rights and progressive causes. She was challenged by two opponents in the Sept. 15, 2026, Delaware Democratic primary. One of the opponents, civil rights attorney Dwayne Bensing, is gay and would have become the nation’s first openly gay state attorney general had he prevailed in the race.

In response to a request from the Blade for comment on Moyer’s lawsuit allegations, Bensing said in a statement that when the Attorney General’s office declines to prosecute a case where an arrest was made it should maintain the public trust by being “transparent” about its decision-making process.

“As Attorney General, I will commit to reviewing how domestic partner violence cases are handled across the state to ensure that prosecutorial decisions are made consistently, transparently, and free from administrative oversight failures,” he said.

Moyer’s lawsuit, which was filed in the U.S. District Court for the District of Delaware on April 16, 2026, calls for a jury trial and requests that  the court issue a judgment against each of the defendants, “jointly and severally” finding that they “conspired to deprive Plaintiff of the equal protection of the laws in violation of 42 U.S. Code 1985 (3).”

It calls for compensatory damages and punitive damages against each defendant “in an amount to be determined at trial, including damages for lost wages, medical expenses, legal fees, emotional distress, and pain and suffering.”

Moyer said he is currently representing himself without an attorney. 

In an Aug. 28, 2026, “Report and Recommendation,” Magistrate Judge Laura D. Hatcher, who was presiding over the lawsuit case, issued a recommendation that the case be dismissed without prejudice on grounds that Moyer’s complaint “fails to state a claim upon which relief can be granted” based on existing federal law.

Hatcher also recommended that Moyer be “granted leave to amend his complaint within thirty (30) days of the District Court’s adoption of this Report and Recommendation.”

Moyer told the Blade District Judge Gregory B. Williams accepted the recommendation and granted him permission to amend and revise his complaint. 

“An amended complaint addressing the Court’s guidance will be filed within the timeframe the Court has provided,” Moyer said. “The Court identified areas where the complaint needed further development, and that development is underway,” he said.

Moyer’s friend, journalist and commentator Davis, said he has conducted research into domestic violence cases in Delaware and reported in articles and commentaries that Delaware is one of the states with the highest rates of domestic violence cases that are not prosecuted.

“In fiscal year 2024, Delaware law enforcement made 5,064 domestic violence arrests,” Davis wrote in a November 2025 commentary entitled, “Was Ty Moyer Too Black and Gay for Delaware AG Kathy Jennings to Prosecute His Attacker?” He added, “Yet Jennings’ office prosecuted only 1,184 cases – a mere 23 percent,” Davis wrote, adding that, “More than three-quarters of domestic violence perpetrators faced no prosecution despite being arrested.”

Davis told the Blade that Jennings’s decision not to prosecute Uzu has raised concerns that she based that decision on political bias. He points out that Jennings has publicly aligned herself with national immigration advocacy efforts, including joining lawsuits against the Trump administration’s immigration policies and its funding freezes against universities, including the University of Delaware.

Davis said Uzu’s academic ties to the University of Delaware and the chemical company Chemours, which Davis says is “politically influential” with its headquarters in Wilmington, has led some to believe that Jennings’s refusal to prosecute Uzu was politically motivated, aimed at preserving her image as a defender of immigrants rather than pursuing justice for a domestic violence victim.

Jennings’s supporters dispute those claims, saying she bases her decisions on whom to prosecute on the available evidence.     

As if all that were not enough, Davis said he contacted the U.S. Department of Homeland Security in September 2025 to find out if their strict policy of investigating and deporting immigrants found to have violated U.S. laws, including engaging in violent behavior, might apply to Michael Uzu, who was charged with assault and is in the U.S. on a visa status. Davis said the DHS did not respond to his inquiry.

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Virginia

Virginia Anti-Violence Project struggles to fill federal funding gaps

Group has lost 54 percent of funding since 2020

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Federal funding cuts have left the Virginia Anti-Violence Project struggling to continue its advocacy efforts in the state. (Washington Blade photo by Michael Key)

A loss of federal funding has threatened to adversely impact the Virginia Anti-Violence Project’s work in the state.

The group’s mission is to assist LGBTQ and BIPOC (Black, Indigenous and people of color) victims of domestic, sexual, interpersonal, and state violence with direct support, education, and advocacy. The VAVP seeks to build a future where LGBTQ and BIPOC individuals can live freely without a sense for worry about violence. 

“Virginia Anti-Violence Project helps to close the distance between services existing and LGBTQIA+ survivors actually being able to reach safety, stable housing, and support that they can trust,” VAVP Executive Director Ebony Clark told the Washington Blade on Tuesday. “Our mission is to provide direct services and advocacy to LGBTQ+ survivors across Virginia.”

Clark said obtaining state and federal funds has become increasingly difficult.

“One of the reasons that we can talk about is politics and how you know queer diverse, queer communities are targets when it comes to politics, and so that may be a reason why the funding is decreasing in in very niche areas, but overall, state funding, federal funding has been lost or significantly reduced when it comes to culturally specific marginalized populations,” Clark said. “The bigger picture is that funding that was purposed for diversity, equity, inclusion, marginalized populations, or you know culturally competent programming, those funds have been strategically reduced or eliminated on state and federal levels overall.” 

Even more so with the current Trump-Vance administration.

VAVP’s federal funding has dropped 54 percent over the last six years: from $25.1 million in fiscal year 2020 to $11.6 million in fiscal year 2026.

Clark noted some federal funding has been denied due to VAVP’s DEI policies — it has had to “water down” their language. These cuts have forced VAVP to limit housing and economic support, which has resulted in fewer resources for its clients.

The organization has set up a goal for receiving between $250,000-$300,000 a year that would allow it to operate — and focus on client housing.

“Housing is fundamental to safety,” Clark told the Blade. “If you know leaving violence puts someone on the street or forces them back to the person harming them, that means the crisis isn’t over. So there needs to be other prevention strategies and reactive strategies in place to be able to prevent further violence from folks.” 

VAVP has set up a link for anyone who is interested in making a donation. It is here.

The VAVP website is also accepting donations.

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