From a press release
Santa Fe — Just a week before the US Supreme Court is set to take up the question of same-sex marriage, New Mexico's capital city is declaring same-sex marriage legal in New Mexico and they've issued the legal memo and resolution supporting it.
At a press conference today, Mayor David Coss and Councilor Patti Bushee were joined by City Attorney Geno Zamora to release a legal memo by Zamora outlining the case that marriage equality is already legal under New Mexico law and announcing a city resolution declaring such and encouraging same-sex couples to apply for licenses from county clerks.
ProgressNow New Mexico, a non-profit progressive advocacy group supporting marriage equality, joined to congratulate the city and launched a public campaign to support the city by asking supporters to sign onto the resolution as citizen co-sponsors.
The legal memo notes that:
New Mexico's laws do not define marriage as between a man and a woman, the definitions are gender-neutral,
A statutory list of prohibited marriages does not list same-sex couples;
Same-sex marriages from other states are already recognized by New Mexico law;
To discriminate against same-sex couples would violate the New Mexico Constitution which requires equality under the law regardless of sex.
A copy of the resolution and legal memo are available from ProgressNowNM online.
The city council resolution will be introduced at the next city council meeting on March 27th.
"It's about time someone made a legal argument for equality in New Mexico," says Pat Davis of ProgressNow New Mexico. "Just this month, a Republican Senator publicly came out for his son's right to marry, Hillary Clinton endorsed full equality and the Supreme Court is prepared to hear landmark arguments on DOMA and marriage. It's time New Mexico join the ranks of the progressive states and stand up for loving, committed couples who want nothing more than to be treated the same as they already treat their neighbors."
Marriage battles made news earlier this year when ProgressNow New Mexico launched campaigns to highlight Republicans in the State Senate who refused to permit a memorial to welcome LGBT New Mexicans to the state capitol and opponents defeated a ballot question permitting voters to vote on a Constitutional amendment explicitly supporting full marriage rights. More than 6,800 New Mexicans signed petitions with ProgressNowNM supporting the chance to vote on recognizing same-sex marriage in New Mexico.
Same-sex couples file lawsuit seeking freedom to marry in New Mexico
(Albuquerque, NM, March 21, 2013) — Today, two same-sex couples seeking the freedom to marry filed a lawsuit in Albuquerque's district court after they applied for and were denied marriage licenses by the Bernalillo County Clerk. The lawsuit claims that the New Mexico marriage statutes and New Mexico Constitution do not bar same-sex couples from marrying, and therefore the State of New Mexico should issue civil marriage licenses to any same-sex couple who applies for one. The couples are represented by the American Civil Liberties Union (ACLU), the ACLU of New Mexico, the National Center for Lesbian Rights (NCLR), the Albuquerque law firm Sutin, Thayer & Browne, APC, and local cooperating attorneys Maureen Sanders, Lynn Perls, and Kate Girard.
New Mexico is the only state in the country that does not either explicitly recognize same-sex relationships through marriage or civil unions or ban recognition of same-sex relationships by statute or constitutional amendment.
The couples are Miriam Rand, 63, and Ona Porter, 66, and Rose Griego, 47, and Kim Kiel, 44. Miriam and Ona currently live in Albuquerque, while Rose and Kim reside in Santa Fe.
"Ona and I have been together for over 25 years," said Miriam Rand. "Together, we raised children, we took care of our mothers when they were dying and are currently raising our granddaughter. We are family; we love and care for one another through good times and bad. We want our community to recognize our love and commitment for what it is: a marriage."
"Marriage matters," said Rose Griego. "Kim and I have already made a lifelong commitment to one another, but marriage says 'family' in a way that no other word can. It's important to us that the State of New Mexico — our home, the place where we live, work and raised our family — recognizes and respects our relationship."
Said ACLU of New Mexico Legal Director Laura Schauer Ives: "The time has come for New Mexico to treat same-sex couples with the same dignity and respect we afford opposite-sex couples. This means allowing loving, committed same-sex couples the freedom to marry. We believe that the New Mexico Constitution guarantees same-sex couples this freedom. Today we ask the courts to clarify and confirm that same-sex couples may seek happiness and protect their families within the institution of civil marriage in New Mexico."
Added National Center for Lesbian Rights Legal Director Shannon Minter: "New Mexico has a long history of respecting individual freedom and supporting families. These couples want the same opportunity to marry and to take responsibility for one another as other couples."
"There is growing support nationwide for the freedom of to marry, with over fifty percent of Americans now saying they support marriage for same-sex couples," said Elizabeth Gill, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. "It is time for this fundamental freedom to be a reality for same-sex couples in New Mexico."
Read more about the case and the complaint at www.NCLRights.org/NewMexicoMarriage .
