ALBUQUERQUE, N.M. — The American Civil Liberties Union of New Mexico is set announce a major lawsuit on same-sex marriage in the state.
The group and the National Center for Lesbian Rights are scheduled Thursday to gives details of the lawsuit, which the groups call “groundbreaking.”
A spokesman for the ACLU of New Mexico declined to give information about the lawsuit before the scheduled press conference. But the announcement comes as local and state officials argue whether current New Mexico law allows county clerks to issue same-sex marriage licenses.
Earlier this week, Santa Fe city officials said they believe New Mexico law allows county clerks to issue licenses for same-sex marriages.
Santa Fe Mayor David Coss and a city cuncil member said Tuesday that New Mexico county clerks should issue marriage licenses to same-sex couples, and Santa Fe City Attorney Geno Zamora says it would be legal to do so.
According to Zamora, New Mexico law defining marriage is gender-neutral and lacks any prohibition on same-sex marriage.
A legal memo by Zamora notes:
- 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.
Zamora also says same-sex marriage is legal because the state already recognizes same-marriages from other states and the New Mexico Constitution requires equal treatment on the basis of sex.
A press conference has been scheduled for 1:30 p.m. MDT.
Developing story, stay tuned for updates.
Filed under: New Mexico
Florida teen fighting criminal charges related to same-sex relationship
Wash. florist who refused flowers for gay couple’s wedding files suit against state
Texas judge enforces ‘morality clause’ to split up lesbian couple
Catholic school: Transgender student must wear girl’s graduation gown
Another Ore. bakery refuses to provide wedding cake for same-sex couple
Matt Barber tweets homophobic cartoon of gay man tricking Boy Scout into sex
UPDATED: Police call fatal New York City shooting an anti-gay hate crime
Details emerge in case against teen accused of lewd behavior with girlfriend
Parents sue S.C. hospital over child’s gender assignment surgery
Scottish cardinal to atone for sexual misconduct with younger clergy
BREAKING: Minn. governor signs marriage equality bill — ‘Love is the law’
BREAKING: French president signs marriage equality bill into law
Everything is bigger in Texas – even the homophobia
Pa. school still refuses to announce transgender grad by his chosen name
Minn. governor to sign bill legalizing same-sex marriage
We’re going to make history and herstory!
I LOVE New Mexico!
This will be the first warm weather state for us! I’ll be planning my relocation if this really becomes law.
I wonder if anyone here can help me. I have a sister that is very narrow in her thinking. We’ve been having a discussion on same sex marriage and she thinks gays have all the rights a married couple has without being married. Can someone post here or message me the disparities or send me a site listing them? Thanks
Love it!
Marti, please explaing to your sister that we DON’T have the right to leave our estate to our partners. We DON’T have the right to have them covered by our insurance if they don’t have any. We aren’t even allowed to visit each other in the hospital, because we aren’t “immediate family!” We DON’T have the same tax benefits that married couples do, nor do we have the right to hold his/her hand in public, show a little affection, or even have the right to CALL them my “husband/ wife!”