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New Mexico

Same-sex marriage stirs little public outcry in N.M.

Wednesday, September 11, 2013

ALBUQUERQUE, N.M. — Lynn Ellins stunned New Mexico last month when the county clerk decided to begin issuing marriage licenses to same-sex couples. But even he was shocked by the lack of public outrage or protest to his decision, which set off a chain reaction that has for all practical purposes made same-sex marriage legal in the state.

The only crowds that gathered outside his Dona Ana County office were gay couples wanting to marry. The state’s top politicians stayed neutral. New Mexico’s three Catholic bishops said it was a matter for lawmakers. And an evangelical mega-church in the state’s largest city was mum.

Santa Fe County Commissioner Liz Stefanics and her partner of 22 years, Linda Siegle, were married by Judge Mark Basham on Friday, Aug. 23, 2013. The couple were the first to receive their marriage license from Santa Fe County Clerk Geraldine Salazar.

Gay and lesbian couples flocked to southern New Mexico when Doña Ana County Clerk Lynn Ellins announced on August 21 that his office was now issuing marriage licenses to same-sex couples.

Shari Vialpando-Hill, Las Cruces Sun-News/AP
Happy newlyweds join hands at the Doña Ana County Government Center on Thursday, Aug. 22, 2013 after receiving their marriage licenses and wedding in Las Cruces, N.M. The married couples include, from left: Erin Haynes and spouse Cynthia Haynes of Los Lunas, N.M.; Rev. Vangie Chavez and spouse Traci Garcia of Albuquerque, N.M.; Richard Sunman and spouse Thom Hinks of Albuquerque, N.M.; and Judi Schultz and spouse June Damuth of Las Cruces, N.M.

“I have gotten some fairly nasty religious-related telephone message,” Ellins said. “But generally speaking, I am surprised by the relatively muted response from those who clearly disagree.”

Experts and gay rights advocates say the relative lack of an uproar is a sign of how quickly public opinion has turned on the issue.

“If this had happened five years ago, there would have been a public outcry,” said Andrew Cherlin, an expert on sociology of families and public policy at Johns Hopkins University. “If it had happened two to three years ago, there would have been public concern … It’s as if the dam broke quickly.”

Gay marriage opponents, however, say residents of the mostly rural state are too busy taking care of their families to worry about organized protests. Instead, they are looking to their leaders to take action against the “lawbreakers,” said state Sen. Sen. William Sharer, a Farmington Republican, who is leading a group of opponents suing to block Ellins.

“The reality is the other side built an army and trained an army before they broke the law and our side wasn’t ready to fight,” he said.

Perhaps one of the biggest turns has been in the Catholic Church, whose bishops historically have issued strong condemnations of same-sex marriage laws. About 25 percentage of the state’s population is Catholic, according to the U.S. Conference of Catholic Bishops.

New Mexico’s three bishops issued a statement reiterating their belief that marriage is a unique institution between a man and a woman, saying Ellins’ action was “a significant matter that affects society at large and as such is one that is best decided through the legislative branch of government.”

Andrew Chesnut, a Catholic scholar at Virginia Commonwealth University, said he believes the bishops were following the lead of Pope Francis, who despite fervent opposition to same-sex marriage while archbishop in Argentina has now “been mostly mute on this subject.”

The last time the state was embroiled in the gay marriage issue was in 2004, when then-Sandoval County Clerk Victoria Dunlap began to issue marriage licenses to same-sex couples. The state’s attorney general at the time, a Democrat, ordered her to stop and she didn’t run for re-election.

New Mexico is just one of two states without laws explicitly legalizing or banning same-sex marriage.

Because of that Ellins, a lawyer, said he began looking closely at state laws after several lawsuits were filed this year seeking to force county clerks in Santa Fe and the state’s largest county, Bernalillo, to issue the licenses. Seeing that the legal process was doomed to drag on, he said, “I said, ‘Enough is enough. It’s time to move forward.’”

Unlike 2004, the Democratic attorney general made no attempt to intervene this time. When asked for comment, Republican Gov. Susana Martinez said it is a matter that should be decided by voters.

A week later, a state district judge, in Albuquerque ruled same-sex marriage was legal. Shortly thereafter, several other county clerks also began issuing licenses. At the request of county clerks, the Supreme Court has scheduled a hearing next month to decide if same-sex marriage is legal under the state’s constitution.

One billboard opposing same-sex marriage was spotted recently at an evangelical church in Espanola. But the Catholic Church has said little beyond one statement after Ellins began issuing licenses.

Chestnut said the response of church officials in New Mexico isn’t all that surprising, given that places around the world with sizeable Catholic populations — such as countries in Latin America — have led the way on gay marriage. Likewise, he said, Hispanics in the U.S. tend to be more approving of same-sex marriage than the overall population.

Allen Sanchez, spokesman for the New Mexico Conference of Catholic Bishops, denied a shift or softening in the church’s position. And he pointed to the pope’s recent call for compassion and tolerance for gays.

The difference to the response and lack of public action in New Mexico, he said, “is the difference between legislative and legal strategy. Had this been up for a legislative vote, you would have seen a much different process.”

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14 more reader comments:

  1. it’s about time this is becoming a ‘non issue’

    Posted on Wednesday, September 11, 2013 at 6:16pm
  2. …..where seldom is heard, a discouraging word……..!

    Posted on Wednesday, September 11, 2013 at 6:16pm
  3. Everywhere but here in the South our day will come!!!!

    Posted on Wednesday, September 11, 2013 at 6:24pm
  4. i hate the south!

    Replied on Wednesday, September 11, 2013 at 6:29pm
  5. Because most don’t care

    Posted on Wednesday, September 11, 2013 at 7:18pm
  6. New Mexico is the same state that elected a overnor that vetoed 700 pieces of bs leislation. their pretty libertarian… btw, REAL libertarians (as opposed to tea baggers ) are VERY LGBT friendly ;)

    Posted on Wednesday, September 11, 2013 at 10:07pm
  7. QUESTION – Can people tell me if there is any news yet on when Gay Marriage will “start” in the UK and the process?! I aim to be first in the queue!

    Posted on Wednesday, September 11, 2013 at 10:45pm
  8. next year, spring...

    Replied on Thursday, September 12, 2013 at 1:02pm
  9. I know that much... didn't know if more detailed guidance has been released yet

    Replied on Thursday, September 12, 2013 at 1:05pm
  10. Why is it New Mexico is so sane and Arizona so insane?

    Posted on Wednesday, September 11, 2013 at 10:49pm
  11. Man these haters need to leave us 2 spirited peeps alone . What ever happened to let’s make love not war.My theory is some people have the right to love and breathe just like everybody else . I am 2 spirited I never go to pride parades cuz I feel as a 2 spirited person it does not represent who 2 spirited the native gays .I See more European influence in pride parades . Just for me I feel comfortable at a 2 spirited pow wow In a spirtual setting that makes closer to the creator and thanking for making me the way I am.Even when in times in my life being 2 spirited was rough cuz I was bullied for it and being sensitive to my surroundings

    Posted on Wednesday, September 11, 2013 at 11:55pm
  12. I think it is a non-issue … in my eyes anywho

    Posted on Thursday, September 12, 2013 at 2:01am
  13. Marla, in new mexico

    Posted on Thursday, September 12, 2013 at 2:04am
  14. As it should be! Nothing new to see here!

    Posted on Thursday, September 12, 2013 at 11:57am