New Mexico does not have an actual ban on same-sex marriage, but that is not stopping anyone from assuming that there is one. Without a firm ruling, it may be difficult for same-sex couples to get marriage licenses everywhere in the state. This is why a lawsuit has been filed asking for clarity on same-sex marriage rights.
Santa Fe County has passed a bill which calls upon the governing bodies of New Mexico to “rid the State of the antiquated statutes that restrict the rights of same-sex couples to wed.” The resolution passed 4 to 1. County Commissioners Stefanics Holian, Chavez and Mayfield all voted in favor while Commissioner Anaya opposed the measure.
Linda Siegle, a resident of Santa Fe and the owner of Resources for Change, stated “Santa Feans are acutely aware of the second class status of their gay and lesbian sons, daughters, mothers, fathers, friends and colleagues. Tonight, our commissioner allies have taken another step closer to changing our status.”
This particular resolution is one of several which make the same, basic call for LGBT marriage equality.
Equality New Mexico Executive Director Amber Royster stated that “There has long been a movement for same-sex relationship recognition in New Mexico. We are finally reaching a critical mass of support and engagement from our community and allies, as well as an understanding among New Mexicans that the freedom to marry is a matter of basic fairness and respect. Having local governments publicly affirm our New Mexico values of family and commitment is a tremendous boost to our efforts and to our Land of Enchantment.”
The ACLU of New Mexico, the National Center for Lesbian Rights and other groups have filed two Writs of Mandamus before the state Supreme Court calling for a ruling on whether or not same-sex couples can marry in New Mexico. The state does not have a legal or constitutional ban on same-sex marriage and the state’s marriage law does not have any gender indicators.
Should the Court refuse the two writs, then the lawsuits that were filed earlier this year will proceed.