News
Wisconsin latest state to face marriage lawsuit
‘Evasion’ statute prohibits couples from going elsewhere to wed


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 ā gay and straight ā 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 ā 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, Wisconsinās 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 āJudiā Trampf and Katharina āKatyā 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 ā 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.
āThis 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.ā
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.
District of Columbia
Reenactment of 1965 gay rights protest at White House set for April 17
Event to mark 60thĀ anniversary of historic picketing

D.C.ās Rainbow History Project is inviting members of the local LGBTQ community and its supporters to participate in a reenactment of what it calls the historic 1965 first gay rights protest outside the White House.
The event is scheduled to begin at 4 p.m. Thursday, April 17 on the sidewalk in front of the White House.
In a statement, Rainbow History Project says the 1965 protest was organized by local gay rights pioneers Frank Kameny and Lilli Vincenz on behalf of the Mattachine Society of Washington, one of D.C.ās first gay rights groups that Kameny co-founded in the early 1960s.
āLed by Dr. Kameny and Dr. Vincenz, picketers demanded action on the Mattachine Societyās four major issues: the exclusion of homosexuals from Federal employment; the punitive policies of the U.S. Military; blanket denial of security clearances to gay people; and government refusal to meet with the LGBTQ community,ā the statement says.
The statement referred to the titles of Kameny and Vincenz in connection with their academic doctorate degrees
āAlthough Dr. Kameny died in 2011, and Dr. Vincenz in 2023, Rainbow History Project and its all-volunteer corps will picket in their honor and demonstrate there is a new generation of young activists ready to take up their signs and their fight for equal rights for all LGBTQ people,ā the statement says.
Among those expected to participate in the April 17 White House reenactment picketing is longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the last known survivor of the 1965 White House gay rights protest. Kuntzler was expected to carry a picket sign similar to the one he carried in 1965.
In its research on the 1965 gay White House protest, Rainbow History Project learned of a letter that Kameny sent to then President Lyndon B. Johnson outlining the demands of the White House protesters.
āWe ask, Mr. President, for what all American citizens ā singly and collectively ā have the right to ask,ā the Kameny letter states. āThat our problems be given fair, unbiased considerationā¦consideration in which we, ourselves, are allowed to participate actively and are invited to do so.ā
The RHP statement says the group āwill carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.ā Ā Ā
Myanmar
LGBTQ advocacy group joins Myanmar earthquake relief effort
March 28 quake killed thousands, devastated countryās second-largest city

A powerful earthquake that rocked Myanmar on March 28 unleashed devastation across the central part of the country.
The U.S. Geological Survey measured the quake at 7.7, and pinpointing its epicenter roughly 10 miles west of Mandalay, the countryās second-largest city. A 6.4-magnitude aftershock jolted the area 12 minutes later, compounding the destruction and deepening the crisis for a nation already strained by conflict.
The earthquake struck with terrifying intensity near its epicenter, wreaking havoc on Mandalay and the nearby city of Sagaing.
Mandalay, a bustling city of approximately 1.5 million residents, bore the brunt of the destruction. Among the most striking losses was the 12-story Sky Villa Condominium, which collapsed, leaving scores trapped beneath the wreckage. Rescue workers scrambled to pull survivors from the rubble, but the rising death toll underscored the tragedyās magnitude.
In Sagaing, which is located closer to the epicenter, more than 70 percent of buildings sustained damage. The Ava Bridge, an essential artery spanning the Irrawaddy River, collapsed, cutting off a critical connection to Mandalay. The earthquakeās shallow depth of less than seven miles amplified its power, reducing homes, temples, and schools to rubble.
The earthquakeās death toll continues to climb, with at least 3,649 confirmed dead, more than 5,000 injured, and approximately 145 people missing. Amid the widespread devastation, questions loom about the impact on vulnerable populations. The Washington Blade reached out to Colors Rainbow, an organization advocating for LGBTQ rights in Myanmar, to understand how the crisis has affected one of the nationās most marginalized communities.
Colors Rainbow Executive Director Hla Myat Tun spoke about how his organization is working to address the crisis faced by Myanmarās LGBTQ community in the aftermath of the earthquake.
Colors Rainbow has implemented a system of multipurpose cash transfers, directing funds to local LGBTQ partner organizations. These grassroots partners, in turn, provide essential support to affected individuals that includes emergency cash assistance, food, non-food items, clean water, and basic emotional support tailored to the immediate needs of their communities.
āWe estimate that around 500ā800 LGBTQ individuals have been impacted in the affected areas, particularly in Mandalay Region, Sagaing Region, and southern Shan state,ā said Hla Myat Tun. āSo far, we have been able to directly assist around 80ā100 LGBTQ individuals.ā
Hla Myat Tun told the Blade that Colors Rainbow is actively gathering data to assess the specific challenges that LGBTQ people are facing in the aftermath of the earthquake.
Preliminary observations, he noted, point to heightened vulnerability among LGBTQ people, driven by social exclusion and limited access to mainstream humanitarian aid. Hla Myat Tun, however, emphasized more comprehensive information is necessary to fully understand the scope of their needs and vulnerabilities in this crisis.
āWe are partnering with international LGBTQ and feminist organizations that focus on displaced communities,ā said Hla Myat Tun. āThese partners provide emergency funds, and we coordinate with local LGBTQ groups to deliver aid directly to affected individuals on the ground.ā
Addressing reports of military restrictions on humanitarian aid, Hla Myat Tun explained how Colors Rainbow is managing to reach LGBTQ people who are in conflict zones and areas the military junta controls. Hla Myat Tun highlighted the importance of the organizationās trusted local LGBTQ partners, who are embedded in these regions. Their presence and established networks, he said, are vital in navigating restricted areas and ensuring that aid reaches the LGBTQ people who are most in need.
Hla Myat Tun also provided insight into how Colors Rainbow is tailoring its relief efforts to meet the LGBTQ communityās specific needs.
He said his organization is gathering information directly from LGBTQ people through close coordination with its local partners, relying on both formal and informal communication channels. Hla Myat Tun told the Blade his team conducts daily check-ins via quick telephone calls, ensuring a continuous flow of information to guide their response efforts despite limited internet access, electricity and other challenges.
āOur approach is collaborative ā we set strategies and share responsibilities to respond flexibly and safely, based on the rapidly changing local context,ā he said. āPersonal stories are being documented, but for security reasons, we are cautious about sharing them publicly.ā
When asked whether staff or volunteers had harassment, discrimination, or violence while delivering aid ā a concern given the precarious legal and social climate for LGBTQ people in Myanmar ā Hla Myat Tun said there have been no reported incidents thus far.
āSo far, we havenāt received any reports from our staff or local partners about harassment or violence while delivering aid,ā he noted, emphasizing Colors Rainbow remains vigilant and has implemented robust safety protocols to protect all involved.
Colors Rainbow relies primarily on funding from international LGBTQ-focused partners. He noted, however, humanitarian funding specifically dedicated to LGBTQ communities remains vastly under-resourced, relative to the pressing needs on the ground. Hla Myat Tun said this shortfall severely limits the scale and reach of Colors Rainbowās efforts.
āWhile Myanmar’s legal framework remains outdated, societal attitudes ā especially during the civilian government ā have shown signs of progress,ā said Hla Myat Tun. āWe have seen positive change thanks to the work of local LGBTQ organizations.ā
āIn the current crisis, many communities are working together despite legal barriers. However, in areas without LGBTQ-led organizations, inclusive humanitarian responses are still lacking,ā he added. āThere’s an urgent need for international humanitarian actors to understand and implement LGBTQ-inclusive practices in Myanmar.ā
When asked about long-term strategies to support the recovery and resilience of LGBTQ communities as Myanmar rebuilds, Hla Myat Tun affirmed Colors Rainbow is deeply committed to fostering resilience. The organizationās initiatives include leadership development, community empowerment through training and workshops, sub-granting programs, and organizational development support. He also highlighted Colors Rainbowās advocacy for LGBTQ-inclusive policies and collaboration with ethnic groups to promote an inclusive federal democracy, and specifically thanked Outright International, a global LGBTQ and intersex rights group, for āamplifying our work.
āThis kind of international attention shines a spotlight on the challenges LGBTQ communities in Myanmar are facing and helps open doors for more support,ā Hla Myat Tun told the Blade. āIt also boosts visibility and solidarity, both locally and globally, which we deeply appreciate.ā
Hungary
Hungarian MPs amend constitution to ban public LGBTQ events
Viktor OrbĆ”n’s government spearheaded amendment

Hungarian MPs on Monday voted to amend their country’s constitution to ban public LGBTQ events.
The vote took place less than a month after lawmakers banned Pride events and gave authorities the green light to use facial recognition technology to identify those who participate in them.
The Associated Press notes MPs approved the constitutional amendment ā which Prime Minister Viktor OrbĆ”n’s Fidesz-KDNP coalition government proposed ā by a 140-21 vote margin. Authorities before the vote removed a group of protesters who tried to block the entrance to a parliament parking garage.
OrbĆ”n’s government over the last decade has moved to curtail LGBTQ and intersex rights in Hungary.
A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.
An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.
MPs in 2023 approved the āsnitch on your gay neighborā bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the countryās second-largest bookstore chain, 12 million forints ($33,115.76), for selling copies of British author Alice Osemanās āHeartstopper.ā
Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungaryās anti-LGBTQ crackdown.
The Washington Blade has reached out to Budapest Pride for comment on the constitutional amendment.
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