GOP Lawmakers Sue To Stop NM Clerk From Issuing Marriage Licenses To Gay Couples

Same Sex Marriage (Photo credit: Wikipedia)

Carlos Santoscoy | On Top Magazine | August 31, 2013

Republican lawmakers in New Mexico have filed a lawsuit seeking to stop a county clerk from issuing marriage licenses to gay and lesbian couples.

According to the AP, the action targets Dona Ana County Clerk Lynn Ellins, whose office has issued more than 200 marriage licenses to gay couples since last week.

Five additional counties have followed Ellins’ lead, most of which acted on court orders.

(Related: 6 New Mexico counties issue marriage licenses to gay couples, cover 56% of state.)

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This just in… Court legalizes gay marriage in largest county in NM

“Victory!” – This couple has been waiting 31 years to be able to marry. On September 5, 2005 we went to the state capitol waiting for a vote on the marriage equality bill. In the end, the assembly voted in favor of equality for gay couples. Governor Schwartzenegger later refused to sign the bill. (Photo credit: Wikipedia)

Becca Morn | America Blog | August 26, 2013

It feels almost like a juggernaut for New Mexico on the legalization of gay marriage and the extension of full marriage equality rights for gay and lesbian couples.

In short: Woohoo!!!

New Mexico District Court Judge Alan M. Malott’s ruling today could not be more clear: Denying marriage equality rights to same sex couples is blatantly unconstitutional and unenforceable under New Mexico state law. He has ordered that marriage licenses be issued by the Bernalillo county clerk to couples regardless of gender, beginning immediately.

As to why Judge Malott ordered his ruling to take effect right away, he said, “There is no benefit to the parties or the public interest in having this matter progress through a lengthy path of litigation while basic constitutional rights are being compromised or denied on a daily basis.”

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ACLU announces NM lawsuit on same-sex marriage

RUSSELL CONTRERAS |Associated Press | Las Cruces Sun News | March 23, 2013

ALBUQUERQUE, N.M. (AP) — The American Civil Liberties Union of New Mexico filed a lawsuit Thursday aimed at forcing state officials to recognize same-sex marriage under current New Mexico law,

The legal action marked yet another effort by advocacy groups to persuade county clerks to issue marriage licenses across the state.

The lawsuit was filed in state district court on behalf of two lesbian couples who sought marriage licenses in Bernalillo County.

It claims the current ban on same-sex marriage violates the New Mexico Constitution. The ACLU-NM said it wants to eventually get the New Mexico Supreme Court to decide the dispute.

“They filed this lawsuit today in the hopes that someday soon no committed, loving same-sex couple will be turned away and excluded from marriage because of the one they love,” said Peter Simonson, executive director of ACLU-NM.

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