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MsTinkerbelly · 08-28-2013, 12:34 PM

August 28, 2013, 12:18 pm

Marriage Equality in New Mexico

By ANDREW ROSENTHAL

When arguing against same-sex marriage, opponents often stress that marriage has always been defined as a union between a man and a woman.

But our laws, at least, often did not wade into the question of gender one way or another — until the 1990s, when anti-gay-marriage forces began lobbying state legislatures to revise state constitutions, and pushed the Defense of Marriage Act through Congress. More recently, in a smaller, but growing, number of states, marriage-equality advocates have succeeded in establishing — through the courts or legislative action or voter referendums — that all adults can marry the person of their choosing, regardless of gender.

Alone among the states, New Mexico never jumped on the definitional bandwagon. It never banned same-sex unions, and it never specifically permitted them, either. And in the absence of clarity, American standards of equality and non-discrimination won out.

Last week, the clerk of Dona Ana county decided to recognize same-sex unions. Then a judge in Santa Fe directed the clerk in that county to begin issuing marriage licenses. On Monday, a state judge ruled that marriage between couples of the same sex is entirely legal and ordered the clerk of Bernalillo County, which includes Albuquerque, to issue licenses to gay and lesbian couples.

The Associated Press reported that Judge Alan Malott “had been asked only to order that the state recognize, on her death certificate, a dying woman’s marriage Friday in Santa Fe to her longtime partner.”

But he went a step farther and said that New Mexico’s constitution bans discrimination in marriage against a particular group of citizens. The American Civil Liberties Union of New Mexico was, naturally, elated. Laura Schauer called the ruling “monumental.”

The ruling does not cover the rest of New Mexico’s counties, and so it seems inevitable that the New Mexico state legislature, which has Democratic majorities, and its Republican governor, Susana Martinez, are about to come under intense political fire from the far right to amend the constitution. They should resist.

08-28-2013, 12:34 PM	#1231
MsTinkerbelly Timed Out - TOS Drama How Do You Identify?: ... Preferred Pronoun?: ... Join Date: Nov 2009 Location: ... Posts: 6,573 My Photo Gallery Thanks: 30,737 Thanked 22,908 Times in 5,019 Posts Rep Power: 0	NEW MEXICO!! August 28, 2013, 12:18 pm Marriage Equality in New Mexico By ANDREW ROSENTHAL When arguing against same-sex marriage, opponents often stress that marriage has always been defined as a union between a man and a woman. But our laws, at least, often did not wade into the question of gender one way or another — until the 1990s, when anti-gay-marriage forces began lobbying state legislatures to revise state constitutions, and pushed the Defense of Marriage Act through Congress. More recently, in a smaller, but growing, number of states, marriage-equality advocates have succeeded in establishing — through the courts or legislative action or voter referendums — that all adults can marry the person of their choosing, regardless of gender. Alone among the states, New Mexico never jumped on the definitional bandwagon. It never banned same-sex unions, and it never specifically permitted them, either. And in the absence of clarity, American standards of equality and non-discrimination won out. Last week, the clerk of Dona Ana county decided to recognize same-sex unions. Then a judge in Santa Fe directed the clerk in that county to begin issuing marriage licenses. On Monday, a state judge ruled that marriage between couples of the same sex is entirely legal and ordered the clerk of Bernalillo County, which includes Albuquerque, to issue licenses to gay and lesbian couples. The Associated Press reported that Judge Alan Malott “had been asked only to order that the state recognize, on her death certificate, a dying woman’s marriage Friday in Santa Fe to her longtime partner.” But he went a step farther and said that New Mexico’s constitution bans discrimination in marriage against a particular group of citizens. The American Civil Liberties Union of New Mexico was, naturally, elated. Laura Schauer called the ruling “monumental.” The ruling does not cover the rest of New Mexico’s counties, and so it seems inevitable that the New Mexico state legislature, which has Democratic majorities, and its Republican governor, Susana Martinez, are about to come under intense political fire from the far right to amend the constitution. They should resist.