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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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7 Comments

7 Comments

  1. Alan Wool

    February 4, 2014 at 4:25 am

    All the people that got married in Las Vegas are breaking the marriage evasion law as enacted by Wisconsin. What a freaking backwards law.

  2. Anonymous

    February 4, 2014 at 3:29 pm

    I­­­­­­'­­­­­­m m­­­a­­­­­­­­­k­­­­­­­­­i­­­­­­­­­n­­­­­­­­­­­­g­­­ ­­­o­­­­­­v­­­e­­­r ­­­­­­­­­$­­­­­­­­­7­­­­­­­­­­­­k­­­ ­­­­­­­­­a­­­­­­­­­ ­­­m­­­­­­­­­o­­­­­­n­­­­­­t­­­h ­­­w­­­o­­­r­­­­­­­­­k­­­­­­­­­i­­­n­­­g p­­­­­­­­­a­­­­­­r­­­­­­t ­­­t­­­­­­­­­i­­­m­­­e­­­­­­­­­. ­­­I­­­ ­­­k­­­­­­­­­e­­­p­­­t h­­­e­­­a­­­r­­­i­­­n­­­g o­­­t­­­h­­­e­­­r p­­­e­­­o­­­p­­­l­­­e ­­­­­­­­­t­­­­­­e­­­­­­l­­­­­­l m­­­­­­e h­­­­­­­­­o­­­­­­­­­w m­­­­­­u­­­­­­c­­­­­­h m­­­­­­o­­­­­­n­­­­­­e­­­­­­y t­­­­­­h­­­­­­­­­e­­­­­­y c­­­a­­­­­­­­­n m­­­­­­­­­a­­­­­­­­­k­­­­­­­­­e o­­­n­­­l­­­i­­­n­­­e s­­­­­­­­­o ­­­I­­­ d­­­­­­e­­­c­­­i­­­d­­­e­­­d t­­­o l­­­o­­­o­­­k ­­­i­­­­­­n­­­t­­­o ­­­­­­i­­­t­­­­­­.­­­ ­­­­­­W­­­e­­­l­­­­­­l­­­, ­­­i­­­­­­t­­­­­­ ­­­w­­­a­­­s­­­ ­­­a­­­l­­­l­­­­­­­­­ ­­­t­­­r­­­u­­­e­­­ ­­­a­­­n­­­d­­­ ­­­h­­­a­­­s­­­ ­­­t­­­o­­­t­­­a­­­l­­­l­­­y­­­­­­ ­­­­­­­­­changed­­­ ­­­m­­­y­­­ ­­­l­­­i­­­f­­­e­­­.­­­ ­­­T­­­h­­­i­­­s­­­ ­­­i­­­s­­­ w­­­h­­­a­­­t­­­ ­­­I­­­ ­­­d­­­o­­­.­­­.­­­.

    W­W­W.­ℂ­a­s­h­4­6­.C­O­M

  3. Adam Everett Colclasure

    February 4, 2014 at 5:04 pm

    marriage evasion law that's just asinine not even Texas is stupid enough to get that.

  4. Laurie Edwards

    February 4, 2014 at 10:11 pm

    I hope you win, Ladies.

  5. John Peterson

    February 4, 2014 at 10:22 pm

    About time! Equality will have to come by way of the judicial branch as the other branches are cotrolled by the Repubican party in Wisconsin who are very homophobic.

  6. Dale L Larson

    February 5, 2014 at 3:38 am

    That's what I thought too when I heard this – about time!

  7. Andrew Noce

    February 7, 2014 at 9:31 pm

    Hi Laurie. Just wanted to say I appreciated your comments on the Jim Bridenstine page about Benghazi. Thanks.

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D.C. police seek help in finding missing gay man

Rick Woods last seen in Georgetown on July 14

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Richard G. ‘Rick’ Woods, 65, was last seen in the 1600 block of Wisconsin Avenue, N.W., in Georgetown on July 14.

D.C. police have issued an announcement asking the public for help in finding Richard G. ‘Rick’ Woods, 65, who was last seen in the 1600 block of Wisconsin Avenue, N.W., in Georgetown on July 14.

Friends who know Woods, who is gay, say he has operated for many years an antique wood furniture restoration business at various locations in D.C. The most recent location of his business, according to an online listing, has been at 1408 Wisconsin Ave., N.W., a short distance from where he was last seen. 

The police announcement says Woods was reported missing to police on Friday, July 23, but the announcement doesn’t identify the person who reported him missing.

 “Richard G. Woods is described as a white male, 6’O” tall, 210 pounds, with brown and gray hair and brown eyes,” the police announcement says. “His clothing description is unknown,” according to the announcement.

The announcement says the case is being investigated by the department’s Youth and Family Services Division. Anyone with information about Woods’ whereabouts is asked to call the division at 202-576-6768 or to call the police Command Center at 202-727-9099. 

“Rick is known by many in our community,” said John Fanning, a Logan Circle Advisory Neighborhood Commissioner and longtime local LGBTQ rights advocate. “He’s owned an antique wood restoration business for years,” according to Fanning, who said he and others who know Woods are hopeful that he will be found soon and unharmed. 

A D.C. police spokesperson said the police incident report for the Woods missing person case wasn’t immediately available.

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Gay Nigerian priest makes religion serve LGBTQ people

Rev. Jide Macaulay founded House of Rainbow

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Jide Macaulay, gay news, Washington Blade
Rev. Jide Macaulay (Photo courtesy of Rev. Jide Macaulay)

It is impossible to speak of queer identity and culture without acknowledging the important role religion has played in shaping it throughout history. Whether it’s Pope Francis praising the work an American priest has done to affirm LGBTQ identity, or a Republican legislator rebuking the existence of transgender people by invoking scripture from the Bible, religion and spirituality unquestionably influence conversations about sexual identity in the U.S. and how American society would like for people to manifest their sexuality. 

A significant portion of LGBTQ people in the U.S. are religious.

A study the UCLA School of Law’s Williams Institute conducted in 2020 found that 5.3 million LGBTQ adults are religious with almost half of this metric identifying as “highly religious.” Forty percent of those between ages 18 and 35 are religious, and 65 percent percent of those over 65 identify as religious as well. In addition, 71 percent of Black LGBTQ adults in the U.S. are religious. 

The Washington Blade recently spoke with Rev. Jide Macaulay, founder and CEO of the London-based House of Rainbow CIC, to talk about his work as a gay Black African Christian priest.

Macaulay was born in London and grew up in Ikeja, the boisterous capital of Nigeria’s Lagos State. He was born into a religious family to parents who he described to the Blade during a 2017 interview as “very dedicated Christians.” His father was one of Nigeria’s leading theologians, so Macaulay’s upbringing was naturally Christian-centric, with him being involved in the church from a young age. 

As a budding adult, Macaulay pursued theology as a profession and became an ordained minister in 1998 after training with his father. After a two-year hiatus from the church, he joined the Metropolitan Community Church in London to study theology and later joined its congregation as a minister in 2003. Macaulay says it was there that he became confident in his understanding that “God loves gay people regardless of all these messages of it being a taboo or abomination.”

Sheathed with this conviction, Macaulay moved back to Nigeria to create an environment that mimics that which he had experienced at the Metropolitan Community Church.

“It became important to me to go to Nigeria to create the same space and tell LGBTQ people that ‘God loves you just the way you are,’” says Macaulay. “I embodied a lot of the spirit of the human rights church that came out of the origin of the Metropolitan Community Church.”

Macaulay started House of Rainbow under this ideology on Sept. 2, 2006. This weekly gathering of LGBTQ Christians initially began with 34 congregants, but the congregation grew rapidly to a point where Macaulay “didn’t know what to do with all the people.” He says the growth “perplexed” him as he didn’t realize that House of Rainbow was so popular. 

House of Rainbow encountered problems that emanated from operating in a country with virulent homophobic laws, despite its popularity. Many congregants were physically attacked for identifying as queer, and Macaulay recalls individuals emerging to church with broken noses and arms. The media also caught wind of House of Rainbow’s weekly gatherings and chaos ensued. 

The culmination of these events forced Macaulay to leave Nigeria after two years. House of Rainbow remained steadfast with its mission to create a community for LGBTQ Christians and soldiered on for a couple of more years before it eventually dissolved. 

“It’s unfortunate, now, that as I speak to you we do not have a House of Rainbow community in Nigeria,” says Macaulay. “We still have people connected [to the community], but we don’t have a physical presence or anyone leading it.”

House of Rainbow’s reach has nevertheless now become global, with communities established in 22 countries. The majority of them are in Africa.

‘Homosexuality is not a sin; it is who we are’

The crux of Macaulay’s ideology centers on inclusion and acceptance. He creates a space at House of Rainbow where LGBTQ individuals can not only gather in community, but can also feel seen and recognized as meaningful members and contributors to Christianity

“The important thing [that people need to understand] is that as a minister of the gospel of Christ, I want every LGBTQ person to make [it to] heaven,” says Macaulay. “I want them to be on a path towards salvation and redemption.”

“This whole language that if you are gay, you are destined for hell and eternal damnation is so wrong. That is even abusive in itself,” adds Macaulay. 

He further invokes a popular scripture that loosely states, “For all have sinned and fallen short of the glory of God.” 

This scripture is a part of what homophobic Christians use to denounce queerness. Macaulay, nevertheless emphasizes that there is a lack of complete understanding of what the scripture truly communicates.

“[The scripture] didn’t say that anyone is going to hell. It said that we have all sinned and fallen short of the glory of God,” says Macaulay. “Having said that, it is important to understand that homosexuality is not a sin; it is who we are.”

Macaulay’s work is therefore enmeshed in the need to fight for social justice causes. He aims to use the church as a platform to bring awareness to and fight for all iterations of LGBTQ rights. Whether it be racism, sexism, or classism, Macaulay aims to “be like Jesus” and emulate his unwavering passion to uplift those at the bottom of society’s hierarchy.

“It’s inconceivable to think that any religious space wouldn’t be a platform for social justice. Jesus Christ was about social justice,” says Macaulay. “Even the Civil Rights Movement in America had the church fighting injustices relating to racism.”

Macaulay stresses that the church needs to “do what is right” and stand up for the rights of LGBTQ people. 

“In the Bible in Micah 6:18, it says, ‘What does the Lord require of you but to do justice? To love kindness and work in humility with your God,” says Macaulay. “Therefore, Christian leaders need to have a strong understanding of justice.” 

When reflecting on the current state of religion, its diversion from and/or weak approach towards social justice, and also its complicity in oppressing minority groups, Macaulay says, “Jesus Christ would definitely be mad.”

Can you be a gay African and Christian?

Prior to being colonized by European countries, many African cultures had relaxed attitudes towards sexuality and gender. The Shona in Zimbabwe, Pangwe in Cameroon, Igbo in Nigeria and other African tribes all permitted queer existence without any negative repercussions. 

The expansion of European global influence brought with it homophobic laws, which were largely enacted under the pretense of “Christian values,” that forced African countries to institutionalize queerphobia, which has now become an undeniable legacy of colonialism on the continent. 

That colonialism introduced African populations to Christianity is not an uncommon sentiment among queer Africans and Africans in general. Hence, it is not uncommon to find LGBTQ Africans who denounce Christianity not only because of its association with the racism that fueled European occupation of the continent, but also its functioning as a tool that erased what many of them nostalgically view as a queer-affirming past tainted by the arrival of the white man.

Macaulay both believes and shuns this. He acknowledges that colonialism did participate in the erasure of queer acceptance in African cultures, however, the concept of Christianity being “unAfrican” is fallacious. 

He asserts that African and Black African Christians existed before colonialism, and thus, the notion that Christianity is the “white man’s religion” is a false notion. 

“Christianity was present in pre-colonial Africa,” says Macaulay. “In the Bible there are numerous references to Africa, including Egypt and Ethiopia where important biblical events happened, [for example], the story of the Israelites leaving Egypt in search of the promised land.”

Macaulay, because of this, spotlights the need for religion to be decolonized. 

By reframing how Christians conceive of religion, from unlearning the notion that Jesus is white to acknowledging the existence of Black people in the Bible, one can have a more wholesome and truthful interaction with Christianity. 

Also, this will allow for queer African Christians to exist in their queer communities comfortably as Macaulay states that there’s a need for them to occupy space in the community as proudly religious people without bearing the shame that is cast on them by what seems to be an agnostic-leaning landscape.

Lil Nas X and ‘going to hell’

Lil Nas X on March 26 released a single titled “Call Me By Your Name” which garnered massive attention for both its musical mastery through a catchy hook and its depiction of Black queerness. The accompanying video further dramatized the story by drawing from Christian visual imagery of heaven and hell, and God and the Devil. 

The song’s video features scenes of Lil Nas X in sensual form, including him giving a caricature of Satan a lap dance. This particularly angered many religious groups, including Christian allies of the LGBTQ community who USA Today reported criticized the video for “going too far to prove a point.’”

Macaulay is a fan of Lil Nas X, who he dubs as his “favorite artist of all time right now, after Michael Jackson,” and for him, Lil Nas X’s discography extends beyond simple displays of queer identity. 

Macaulay has one thought at the forefront of his mind when he looks at “Call Me By Your Name”: The concept of hell is abusive and a form of scaremongering. 

“The concept of hell is propaganda. It is almost fictional,” says Macaulay. “The idea that if you do something wrong you will go to hell, is wrong in and of itself. Homosexuality was never wrong. Homophobia is wrong.”

Little Nas X performs on Saturday Night Live on May 22, 2021. (Screenshot)

He further underlines that God made gay people, and supports this with a scripture from the book of Philippians which loosely points to God’s omnipotent knowledge before, during, and after one’s life on earth. 

Macaulay says that people should listen to Lil Nas X’s pain, and not rebuke him, because he speaks for millions of gay people.

“The reality is that when you tell people that they are going to hell, you are excommunicating them from living their own lives appropriately,” says Macaulay.

Macaulay nonetheless has a deep admiration for today’s younger generations, especially because they refuse to align themselves with the bigotry that ravages societal discourse about identity. 

“I’m really glad for the young people that have stepped out. They are fighting back. They are the warriors and heroes saying, ‘Enough is enough. I’m proud, queer and African,’” says Macaulay. “I think that the sad reality for the Christian community is that they’re missing out on the gift and talents of the queer community [by being exclusive].”

Macaulay and House of Rainbow have created “GAYMoment,” a weekly online service that centers queer worship. Each Sunday, queer people from around the world gather online for prayer, sermon, and testimonies, all provided by queer people. 

Macaulay champions sex positivity

Discussing sex and sexual identity is a topic from which Macaulay does not shy away. In fact, it is one that although he is a religious leader, he also approaches as a person of faith. 

Macaulay, who lives with HIV, is a proponent of sex positivity.

“I think it’s important for every adult human being to experience a sexual relationship that is appropriate, suitable, and consensual,” says Macaulay. “It is important that everyone in their lifetime engages positively with sex, particularly adults. I don’t recommend it for minors though.”

Macaulay is also a vocal advocate for having honest and open conversations about sex and sexuality. He gives credence to the fact that society needs to address the lack of comprehensive sex education. 

“Countries that have [addressed sex education] are doing better. They have less cases of STIs and teenage pregnancies,” says Macaulay. “Also, students get more opportunities to know more about various sexulities.”

Sex education should be age-appropriate and geared towards protecting children, minors, and vulnerable adults, says Macaulay. He believes that children should know about their bodies and be armed with the confidence to talk to adults when their boundaries are violated. 

Thus, by keeping advocacy as the focal point, Macaulay, who is affectionately known as “Mama Jide” functions in a quintessential role in the queer community, one similar to that of house mothers in ballroom culture who outstretch themselves to the limits to ensure that their children not only have their basic needs, but also reach a point of complete self-actualization and realization of their purpose in life.

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Budapest Pride takes place amid Hungary LGBTQ rights crackdown

City’s mayor among parade participants

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Two participants in the Budapest Pride parade that took place in Budapest, Hungary, on July 25, 2021. (Courtesy photo)

Thousands of people attended a Pride parade in the Hungarian capital of Budapest on Saturday that took place against the backdrop of the government’s ongoing efforts to curtail LGBTQ rights.

Budapest Mayor Gergely Karacsony, who is challenging Prime Minister Viktor Orbán in next year’s presidential election, is among those who participated in the Budapest Pride parade. Event organizers said upwards of 30,000 people took part.

“There were a lot of supporters and allies, lots of young people and some older people,” one Budapest Pride participant told the Washington Blade.

The participant said someone shouted an anti-gay slur at them and their friends as they walked home while holding a rainbow flag. They said the parade was nevertheless peaceful.

“The mood was more like a protest, solidarity and marching for equal rights than a party,” they told the Blade. “I didn’t see drag queens and it felt a bit muted, but I’m happy we had such a peaceful and fun Pride.”

Participants in the Budapest Pride parade that took place in Budapest, Hungary, on July 25, 2021. (Courtesy photo) 

Budapest Pride took place less than a week after Prime Minister Viktor Orbán announced he wants to hold a referendum on a new law that bans the promotion of homosexuality and sex-reassignment surgery to minors in the country.

The law took effect on July 8. The European Commission a week later announced it would take legal action against Hungary.

Hungarian lawmakers late last year amended the country’s constitution to define family as “based on marriage and the parent-child relation” with “the mother is a woman, the father a man” and effectively banned same-sex couples from adopting children. The Hungarian Parliament in April 2020 approved a bill that bans transgender and intersex people from legally changing their gender.

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