New Mexico Supreme Court: Same-sex marriage legal

[frigidmagi]

Yahoo

The New Mexico Supreme Court legalized same-sex marriage in the state Thursday, declaring in a ruling that it is unconstitutional to deny a marriage license to gay and lesbian couples.

New Mexico joins 16 states and the District of Columbia in allowing gay marriage.

Eight of the state's 33 counties started issuing marriage licenses to same-sex couples in August, when a county clerk in southern New Mexico independently decided to allow the unions. County officials asked the high court to clarify the law and establish a uniform state policy on gay marriage.

State statutes don't explicitly prohibit or authorize gay marriage. However, the marriage laws — unchanged since 1961 — contain a marriage license application with sections for male and female applications. There also are references to "husband" and "wife."

The current and previous state attorneys general have said the law effectively prohibits gay marriage, although current Attorney General Gary King also has said he believes such a prohibition is unconstitutional.

A state district court judge in Albuquerque ruled earlier this year that it is a violation of New Mexico's constitution to deny marriage licenses to same-sex couples. The judge based his decision on a 1972 constitutional amendment adopted by voters that prohibits discrimination "on account of the sex of any person."

Two county clerks that were defendants in that case decided not to directly appeal the judge's ruling. However, the county association and the state's 31 other county clerks — including several already issuing marriage licenses to same-sex couples — joined the lawsuit to provide a way to quickly move the gay marriage question to the Supreme Court.

The five justices previously turned down efforts by gay rights advocates to get a ruling on the marriage issue. The advocates had attempted to get a decision by filing lawsuits directly with the Supreme Court rather than through an appeal of a lower court decision.

[Josh]

I am actually impressed by something New Mexico has done.

First time for everything.

(I expect it'll be another few decades before Arkansas does anything that gets my approval, though.)

[General Havoc]

Thanks to a court ruling, Utah has followed suit, at least for now:

http://www.bbc.co.uk/news/world-us-canada-25473600#sa-ns_mchannel=rss&ns_source=PublicRSS20-sa
Gay couples are lining up in Salt Lake City, Utah, to be married hours after a US judge ruled the state's ban on gay unions is unconstitutional.

The county clerk began issuing the licences, despite state officials saying they would appeal and seek a order to prevent further marriages.

Judge Robert Shelby ruled a voter-passed 2004 ban violated same-sex couples' rights to equal protection.

The ruling comes days after New Mexico legalised gay marriage.

That state's highest court ruled it was unconstitutional to deny marriage licences to same-sex couples.
'27 years'

The first gay couple to be married in Utah, Michael Ferguson and Seth Anderson, did so about an hour after the ruling was posted.

Among the dozens of same-sex couples lined up to get marriage licences at the Salt Lake County clerk's office was State Senator Jim Dabakis.

The chairman of the state's Democratic party, was there with his longtime partner, Stephen Justesen.

"I waited 27 years," Mr Dabakis told the Associated Press. "We didn't want to get married until we could get married in Utah."

The case was brought by three couples who were denied licences or recognition in the state, including one couple who had been legally married in Iowa.

In his ruling, Judge Shelby said Utah failed to show allowing gay marriages would affect opposite-sex unions.

"In the absence of such evidence, the state's unsupported fears and speculations are insufficient to justify the state's refusal to dignify the family relationships of its gay and lesbian citizens," he wrote in the ruling.

In a statement, the Utah Attorney General's office said it was requesting an emergency stay "pending the filing of an appeal".

Such an order would put same-sex marriages performed on Friday in legal limbo until the case is decided in a higher court.

And Governor Gary Herbert said he was "very disappointed an activist federal judge is attempting to override the will of the people of Utah".

"I am working with my legal counsel and the acting attorney general to determine the best course to defend traditional marriage within the borders of Utah."

The state passed the ban in 2004 with 66% of the vote.