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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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National

US bishops ban gender-affirming care at Catholic hospitals

Directive adopted during meeting in Baltimore.

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A 2024 Baltimore Pride participant carries a poster in support of gender-affirming health care. (Washington Blade photo by Michael Key)

The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.

Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.

The Washington Blade obtained a copy of it on Thursday.

“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”

“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.

The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.

The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.

Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.

“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.” 

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Politics

Pro-trans candidates triumph despite millions in transphobic ads

Election results a potential blueprint for 2026 campaigns

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Virginia Gov.-elect Abigail Spanberger campaigns ahead of Election Day. (Photo courtesy of Spanberger's campaign)

Activists and political observers say the major Democratic victories on the East Coast last week prove anti-transgender attacks are no longer effective.

Democrats in Virginia, New Jersey, and New York who defended transgender rights directly — Abigail Spanberger, Mikie Sherrill, and Zohran Mamdani — won decisively, while Republicans who invested millions in anti-trans fearmongering were rejected by voters.

This contrasts sharply with the messaging coming out of the White House.

The Trump-Vance administration has pursued a hardline anti-trans agenda since taking office, from attempting to ban trans military members from serving to enforcing bathroom and sports bans. But this winning strategy may not be as solid for their voters as it once seemed.

The Washington Blade attended a post-election meeting hosted by the Human Rights Campaign, where LGBTQ advocates and political leaders reflected on the results and discussed how to build on the momentum heading into 2026 — as the Trump-Vance administration doubles down on its anti-trans agenda.

Among those on the call was U.S. Rep. Sarah McBride (D-Del.), the first openly trans person ever elected to Congress. Having run one of the nation’s most visible pro-trans campaigns, McBride said voters made their priorities clear.

“Voters made clear yesterday that they will reject campaigns built on hatred. They will reject campaigns that seek to divide us, and they will reject candidates that offer no solutions for the cost-of-living crisis this country is facing.”

McBride cited the Virginia governor’s race as a clear example of how a candidate can uplift trans people — specifically when their opponent is targeting kids — but also refocus the conversation on topics Americans truly care about: the economy, tariffs, mortgage rates, and the preservation of democracy.

“We saw millions of dollars in anti-trans attacks in Virginia, but we saw Governor-elect Spanberger respond. She defended her trans constituents, met voters with respect and grace, and ran a campaign that opened hearts and changed minds,” McBride said.

“That is the future of our politics. That is how we win — by combating misinformation, caricatures, fearmongering, and scapegoating.”

She added that the elections in Virginia, New Jersey, and New York offer a “blueprint” for how Democrats can effectively respond to GOP attacks and win “in the face of hatred.”

“When you dive into the data and you look in New Jersey, Virginia — you see the progress that pro-equality candidates have made in urban, suburban, and rural communities, among voters of every background and identity,” McBride said. “You see that we can compete everywhere … When we perform a politics that’s rooted in three concepts, we win.

“One is a politics of affordability — we prioritize the issues keeping voters up at night, the cost-of-living crisis. Two, we are curious, not judgmental — as candidates, we meet people where they are, hold true to our values, but extend grace so people can grow. And three, we root our politics in a sense of place.”

“All of these candidates were deeply committed to their districts, to their state, to their city,” she continued. “Voters responded because they were able to see a politics that transcended partisanship and ideology … about building community with one another, across our disagreements and our differences. When we as pro-equality candidates embody that type of politics — a politics of affordability, curiosity, and community — we win.”

Human Rights Campaign President Kelley Robinson echoed McBride’s sentiment — once again moving away from the bogeyman Republicans have made trans children out to be and refocusing on politics that matter to people’s everyday lives.

“Anti-trans extremists poured millions into fearmongering, hoping cruelty could substitute for leadership — and once again, it failed,” Robinson said. “Fear can’t fill a prescription. Division doesn’t lower rent or put food on the table. Voters saw through the distraction.”

Robinson then detailed how much money Virginia Lt. Gov. Winsome Earle-Sears, the Republican who challenged Spanberger, spent on these ads — showing that even with money and a PAC standing behind her (like the Republican Governors Association’s Right Direction PAC, which gave her $9.5 million), success isn’t possible without a message that connects with constituents.

“In Virginia, Abigail Spanberger made history defeating Winsome Earle-Sears and more than $9 million of anti-trans attack ads. She didn’t flinch. She didn’t hide from her values. She led with them — and Virginians rewarded that courage.”

Equality Virginia Executive Director Narissa Rahaman went into further detail on how the Republican nominee for Virginia’s governor leaned into transphobia.

“Winsome Earle-Sears spent more than 60 percent of her paid media budget attacking transgender kids — an unprecedented amount — and it failed.”

Rahaman continued, saying the results send a message to the whole country, noting that only 3 percent of voters ranked trans issues as a top concern by the end of October.

“Virginia voters sent a resounding message that anti-trans fearmongering is not a winning strategy — not here in Virginia, and not anywhere else,” Rahaman said. “Candidates who met these attacks head-on with messages rooted in freedom, safety, and fairness saw overwhelming success. Attacking transgender youth is not a path to power. It is a moral dead end — and a political one too.”

Virginia state Del. Joshua Cole (D-Fredericksburg), who was also on the call, put it bluntly:

“Republicans have now become champions of campaigning on bullying kids — and we saw last night that that was a losing tactic.”

“Virginians came out en masse to say we believe in protecting our neighbors, protecting our friends — and standing up for everybody.”

That message rang true well beyond Virginia.

In New Jersey, Rep. Mikie Sherrill pushed back against GOP efforts to weaponize trans issues, telling voters, “When you really talk to people, they have empathy. They understand these are kids, these are families, and they deserve our support.”

And in New York, state Assemblymember Zohran Mamdani released a pre-election ad honoring trans liberation icon Sylvia Rivera, declaring, “New York will not sit idly by while trans people are attacked.”

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Federal Government

Federal government reopens

Shutdown lasted 43 days.

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(Washington Blade photo by Michael Key)

President Donald Trump on Wednesday signed a bill that reopens the federal government.

Six Democrats — U.S. Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Adam Gray (D-Calif.), Don Davis (D-N.C.), Henry Cuellar (D-Texas), and Tom Suozzi (D-N.Y.) — voted for the funding bill that passed in the U.S. House of Representatives. Two Republicans — Thomas Massie (R-Ky.) and Greg Steube (R-Fla.) — opposed it.

The 43-day shutdown is over after eight Democratic senators gave in to Republicans’ push to roll back parts of the Affordable Care Act. According to CNBC, the average ACA recipient could see premiums more than double in 2026, and about one in 10 enrollees could lose a premium tax credit altogether.

These eight senators — U.S. Sens. Catherine Cortez Masto (D-Nev.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Angus King (I-Maine), Jacky Rosen (D-Nev.), and Jeanne Shaheen (D-N.H.) — sided with Republicans to pass legislation reopening the government for a set number of days. They emphasized that their primary goal was to reopen the government, with discussions about ACA tax credits to continue afterward.

None of the senators who supported the deal are up for reelection.

King said on Sunday night that the Senate deal represents “a victory” because it gives Democrats “an opportunity” to extend ACA tax credits, now that Senate Republican leaders have agreed to hold a vote on the issue in December. (The House has not made any similar commitment.)

The government’s reopening also brought a win for Democrats’ other priorities: Arizona Congresswoman Adelita Grijalva was sworn in after a record-breaking delay in swearing in, eventually becoming the 218th signer of a discharge petition to release the Epstein files.

This story is being updated as more information becomes available.

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