New Mexico AG Won’t Intervene In Doña Ana County Marriages

Jim Burroway

August 22nd, 2013

As of the close of business yesterday, Doña Ana County Clerk Lynn Ellins issued 42 marriage licenses to same-sex couples after announcing that he would begin issuing licenses yesterday morning. State Attorney General Gary King, who had urged county clerks to wait until the courts rule on whether New Mexico’s prohibition of same-sex marriage is unconstitutional, says that he will not file legal action to stop the issuing of marriage licenses in Las Cruces:

King has said he believes the state Supreme Court would rule state laws limiting marriage to opposite-sex couples are unconstitutional. Established marriage laws, King said, violate a provision in the New Mexico Constitution that promises equal protection in law, regardless of gender.

…”We feel like our position that the laws aren’t constitutional presents a barrier from us bringing action in that suit,” King said.

“… Here’s a case where we have an obligation to defend the laws of the state of New Mexico to the extent that they’re not unconstitutional, but I have a higher obligation to defend the Constitution,” he said.

Gov. Susana Martinez (R), who opposes marriage equality, has repeated her call for a constitutional amendment to ban same-sex marriage be put before the voters.

Meanwhile, couples in Las Cruces are celebrating:

Orlando-Antonio Jimenez, 42, of La Mesa said he was watching TV news and learned about Ellins’ decision. He and his partner, K. Grey Carrillo, 46, were soon at the county government center, applying for their license to marry. Jimenez called it a “natural progression to our 13 years together.”

“This is a great day for the state of New Mexico,” he said. “We have a family that now is recognized by the state of New Mexico.”

Added Carrillo: “It’s a great day for equality all the way around.”

Jimenez and Carrillo said they have plans for a large wedding. It likely will happen between three and six months from now, they said.

Jack

August 22nd, 2013

Susan Martinez apparently still living in 2004.

Patrick C

August 22nd, 2013

My brother and his partner of 25 years were one of those couples who married yesterday. It has obviously been a very long time in coming.

Timothy Kincaid

August 22nd, 2013

Gov. Susana Martinez (R), who opposes marriage equality, has repeated her call for a constitutional amendment to ban same-sex marriage be put before the voters.

Not to quibble, but I think what she said was

We need to put it out there for them [voters] to vote so there’s one law that effects everyone within the state

That could be understood to mean a constitutional amendment, but I don’t know that it necessarily does.

Timothy Kincaid

August 22nd, 2013

NYTimes:

There are also signs that the political tide may be shifting. Despite her long-professed opposition to same-sex marriage, Governor Martinez has softened her stance, saying voters should be the ones to decide whether to legalize it in New Mexico — “not a court, not politicians in Santa Fe, and not one random county clerk,” as her spokesman, Enrique Knell, put it in a statement on Wednesday.

Jim Burroway

August 22nd, 2013

Abq Journal this morning:

Gov. Susana Martinez, who has voiced opposition to same-sex marriage in New Mexico, repeated her call to put the question to voters in a state constitutional amendment proposal.

“I’ve always been really clear about where I stand in reference to marriage, and that it is between a man and a woman,” Martinez said in a statement Wednesday. “If that should change, that should be a change that is made by the people.”

Timothy Kincaid

August 22nd, 2013

Yes, I saw several sources were assuming that she called for a constitutional amendment. But I can’t find anywhere language that seems consistent.

“If that should change, that should be a change that is made by the people” sounds more like what Chris Christie says (no marriage unless there’s a referendum) than a call for an amendment.

Perhaps she had more than one statement, or perhaps they are only quoting part of what she said. Or, as seems the case as far as I can find, some in the press weren’t paying attention to her language.

The reason I looked this up is because if Martinez is calling for an amendment, she’s not too politically savvy or in line with the rest of her party. The new line is not about banning, but about not allowing marriage equality unless the people affirmatively vote for it.

If you find a quote that seems to be an actual call for an amendment, please link it as I can’t find one.

Zack

August 23rd, 2013

Either way,it’s still bigotry.
No other miniority group would have their rights be put up for a vote.

Hyhybt

August 23rd, 2013

About time. This isn’t like Pennsylvania: New Mexico doesn’t HAVE a law against gay couples marrying, so there never has been a reason for it not to happen there. (It also means that, even if there eventually is a challenge, the marriages should be much less likely to be voided.)

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

Today's Agenda Is Brought To You By...

Today In History, 1964: "Homosexuality In America"

Today In History, 1965: Gay Rights Advocates Picket the Civil Service Commission

Today In History, 2003: U.S. Supreme Court Overturns Nation's Sodomy Laws

Today In History, 2013: U.S. Supreme Court Declares Defense of Marriage Act Unconstitutional

Today In History, 2013: U.S. Supreme Court Rejects Appeal of California's Prop 8

Today In History, 2015: U.S. Supreme Court Legalizes Marriage Equality Nationwide

Born On This Day, 1951: Lance Loud

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.