Posts Tagged As: Las Cruces NM

New Mexico counties grow to three

Timothy Kincaid

August 26th, 2013

The number of New Mexico counties offering marriage equality has grown to three. (Star Tribune)

An Albuquerque judge on Monday ordered the clerk of New Mexico’s most populous county to join two other counties in the state in issuing marriage licenses for gay and lesbian couples.

State District Judge Alan Malott ruled that New Mexico’s constitution prohibits discrimination on the basis of sexual orientation.

(The ruling covered both Santa Fe County and Bernalillo County, home of Albuquerque. However Santa Fe has been complying with a separate judicial ruling requiring equality since Friday).

Predictably, Sen. Bill Sharer, who is leading a group of GOP lawmakers to fight the issuance of marriage licenses to same-sex couples, was furious. (koat)

“It is up the New Mexico State Legislature, with the consent of the Governor of New Mexico, to make laws and for county clerks and district court judges to abide by them. They do not make the laws. It is inexplicable how a district court just today discovered a new definition of marriage in our laws, when our marriage law has not been changed in over a century,” Sharer said in a statement.

But there’s more than a little irony in Sharer’s statement. Despite what he pretends, the New Mexico State Legislature has no law requiring that clerks discriminate against same-sex couples. There is no “new definition”. The marriage law in New Mexico is not defined to require a man and a woman.

It is true that until fairly recently no one in New Mexico fathomed same-sex couples marrying. But what do you do when an unexpected situation seeks to avail itself of civil law?

Sharer seems to hold an opinion about the role of government that flies in the face of his party’s rhetoric. While most Republicans would claim to believe that freedom is held by the people and that if ‘there ain’t no law against it’ then citizens are free to pursue happiness as they wish. Sharer, on the other hand, seems to believe that the government holds all rights and doles out freedoms according to its whim. He seems to be claiming that unless he and his fellow legislators specifically say you can do something, then it’s against the law.

UPDATE: Doña Ana, Sante Fe, and Bernalillo Counties are the states three most populated. Between them, nearly half of the state’s residents live in a county in which equality is being honored.

NM GOP Lawmakers Announce Lawsuit To Stop Marriages

Jim Burroway

August 23rd, 2013

When Doña Ana County, New Mexico, Clerk Lynn Ellins began issuing licenses to same-sex couples in Las Cruces on Wednesday, the state’s Attorney General Gary King responded by saying that he would not intervene to halt the Doña Ana County marriages. But a group of Republican lawmakers have now vowed to pursue a legal challenge. Sen. William Sharer (R-Farmington) announced that he would file a lawsuit by the end of the week:

“It has to do with a county clerk cannot make law. That is the Legislature’s job,” said Sharer, who sponsored a constitutional amendment in 2011 to define marriage as between a man and woman.

He said more than two dozen GOP lawmakers have agreed to join the lawsuit. It likely will be filed with the state Supreme Court, but Sharer said lawyers were trying to decide the best legal strategy.

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.

Las Cruces, New Mexico, Begins Issuing Same-Sex Marriage Licenses

Jim Burroway

August 21st, 2013

Doña Ana County Clerk Lynn Ellins has been mulling the move since June, when New Mexico Attorney General Gary King issued an opinion saying that the state’s practice of banning same-sex marraige was likely unconstitutional, particularly since the wording of the law itself is gender neutral. At the time, King advised County Clerks to continue to deny marriage licenses to same-sex couples until the courts could weigh in on the issue. He then refused to defend the law before the state Supreme Court, which last Friday sent the matter down to local courts to review. That’s when Ellins decided to act:

“That means it could be many months or years before the matter is resolved,” Ellins said. “In the meantime, I am mindful that I took an oath of office to uphold the Constitution of the State of New Mexico as Doña Ana County Clerk. I am an attorney, and I have read the AG’s opinion, and I find it to be sound. After careful review of New Mexico’s laws it is clear that the state’s marriage statutes are gender neutral and do not expressly prohibit Doña Ana County from issuing marriage licenses to same-gender couples. Any further denial of marriage licenses to these couples violates the United States and New Mexico Constitution and the New Mexico Human Rights Act. Doña Ana County is upholding New Mexico law by issuing these marriage licenses, and I see no reason to make committed couples in Doña Ana County wait another minute to marry.”


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.