Category Archives: New Mexico

Santa Fe officials say marriage equality legal in N.M.

Santa Fe, New Mexico, gay news, Washington Blade

City officials in Santa Fe are reportedly saying same-sex marriage is already legal in New Mexico (Photo by Karol M. via Wikimedia Commons)

City officials in Sante Fe are asserting that same-sex marriage is already legal in New Mexico and are encouraging county clerks in the state to offer marriage licenses to gay couples.

Santa Fe Mayor David Coss, Councilor Patti Bushee and City Attorney Geno Zamora have unveiled two documents laying out their case and proposing action on behalf on same-sex couples seeking to marry: a legal document and a proposed resolution for the city council.

“Santa Fe is a city of respect, acceptance, and diversity that embraces all of our residents,” said Mayor David Coss in a statement. “I sponsored this resolution because all loving, committed couples should have the right to marry regardless of their sexual orientation.”

The legal document, dated March 19, is from the city attorney explaining the reasoning that same-sex marriage is legal in New Mexico. As noted in the memo, no law prohibits explicitly same-sex marriage in New Mexico and the state already recognizes such unions from other jurisdictions.

“New Mexico law does not define marriage as between a man and a woman,” the document concludes. “Nor does New Mexico law prohibit same-sex marriage. New Mexico already recognizes same-sex marriage performed in other states and our Constitution requires equal treatment on the basis of sex. Same-sex marriage is legal in New Mexico.”

The proposed resolution from Coss and Bushee for the city council also asserts same-sex marriage is legal in New Mexico and encourages clerks throughout the state to offer marriage licenses to same-sex couples. The resolution is set for introduction before the city council on March 27 — the same day that the U.S. Supreme Court will hear arguments in the case against the Defense of Marriage Act.

“Be it further resolved by the governing body of Santa Fe that we strongly encourage New Mexico’s County Clerks to follow state law and issue marriage licenses to loving, committed couples who have the right to marry  the person that they love, including those of the same gender,” the resolution concludes.

In a statement, Pat Davis, executive director of ProgressNow New Mexico, praised the move from city officials.

“It’s about time someone made a legal argument for equality in New Mexico,” Davis said. “Just this month, a Republican Senator publicly came out for his son’s right to marry, Hillary Clinton endorsed full equality and the Supreme Court is prepared to hear landmark arguments on DOMA and marriage.  It’s time New Mexico join the ranks of the progressive states and stand up for loving, committed couples who want nothing more than to be treated the same as they already treat their neighbors.”

But according to the Santa Fe New Mexican, Santa Fe County Clerk Geraldine Salazar said she won’t issue same-sex marriage licenses until state law changes.

“I would love to be able to issue marriage licenses … but under the current law, I feel I’m not free and clear to do so,”  Salazar was quoted as saying. “The Legislature creates the laws and the judges interpret the laws and I as a county clerk do not create or interpret laws. And I feel that my oath of office does not allow to me act counter to the laws of New Mexico.”

The announcement comes just one week before the U.S. Supreme Court is slated to hear arguments in legal cases challenging California’s Proposition 8 and the Defense of Marriage Act. Decisions in those cases could have impact on same-sex marriage bans nationwide. It’s unclear what impact this move from city officials will have on those cases.

Santa Fe mayor says ‘time has come’ for N.M. marriage equality

Santa Fe, New Mexico, David Coss, same sex marriage, gay marriage, marriage equality, gay news, Washington Blade

Santa Fe Mayor David Coss is arguing same-sex marriage is already legal in New Mexico (Photo public domain)

Santa Fe Mayor David Coss has a simple reply when asked why he decided to declare same-sex marriage is already legal in New Mexico: “I think the time has come.”

Speaking with the Washington Blade on Tuesday, Coss said he and other city officials issued an opinion and a proposed resolution saying marriage equality is legal in New Mexico because the state legislature adjourned on Saturday without addressing the issue.

“We think it’s legal in New Mexico,” Coss said. “If you look at the constitution, and you look at the statutes, there’s no prohibition. I think just as a matter of equal rights under the law, we ought to move.”

Along with City Council member Patti Bushee, Coss unveiled the proposed resolution on Tuesday saying same-sex marriage is legal in New Mexico and county clerks should begin granting marriage licenses to gay couples. On the same day, City Attorney Geno Zamora issued an opinion affirming those views — observing no law in the state explicitly bans same-sex marriage and gay couples have equal protections under the state constitution.

Coss, who has a gay daughter, said he expects same-sex couples will soon be able to marry in New Mexico.

“The resolution that we have introduced to [the] city council and the legal opinion that our attorney’s office did also provides what’s the legal steps if the clerks won’t issue the licenses, but we’ve been waiting for the legislature to address this for 25 years,” Coss said.

This action from city officials comes more than two years after an opinion from state Attorney General Gary King stating same-sex marriage is legal in New Mexico. However, his opinion does not have the force of law.

Coss said he expects the resolution and opinion will mostly go before district court, then to the New Mexico Supreme Court for a final resolution.

“If the Supreme Court agrees with us, then that’ll take us to New Mexico being the 10th state to recognize same-sex marriage,” Coss said.

It wouldn’t be the first time county clerks in New Mexico began issuing marriage licenses to same-sex couples.

On Feb. 20, 2004, Sandoval County Clerk Victoria Dunlap began issuing marriage licenses to gay couples — awarding more than 60 licenses to them — until the state attorney general issued an opinion saying the marriages were invalid on the same day.

Asked if there’s any danger gay couples who marry in New Mexico could suffer harm if they discover their unions are later invalid, Coss acknowledged a danger but said harm is being done to couples “who don’t have their rights builds every day.”

“We just think we’re in a good position,” Coss said. “I think the legal opinion is sound. I think the attorney general’s opinion saying that we should recognize same-sex marriages from other states in New Mexico just begs the question: So why not for New Mexicans?”

Coss said while he plans to introduce the resolution to the City Council on March 27, action won’t happen until April 24. Therefore, he doesn’t think it’ll have an impact on U.S. Supreme Court oral arguments next week on California’s Proposition 8 and the Defense of Marriage Act.

Before making the announcement, Coss said he spoke with numerous LGBT rights group in New Mexico about the decision, including Progress New New Mexico, the main group coordinating the initiative, as well as Equality New Mexico and the Human Rights Alliance in Santa Fe. But Coss said he hasn’t spoken to national groups, including the Human Rights Campaign, about the decision.

According to Coss, no group or person has said to him personally that issuing the decision at this time is a bad idea, however, he said he’s heard that sentiment expressed elsewhere.

Further, Coss was unabashed about the what the move would mean for New Mexico if it were to join nine states and D.C. in marriage equality.

“I would be very proud for New Mexico to be the 10th state,” Coss said. “I’m very proud of the city of Santa Fe. We’ve been a leader in labor rights, immigrants and rights for gay and lesbian people. So, I think we’re making the right statement and the right opinion, and I feel pretty confident that before too much longer, same-sex couples in New Mexico will have equal rights with the rest of New Mexicans.”

Gay service members to receive full severance pay

Defense Secretary Leon Panetta (Blade photo by Michael Key)

Defense Secretary Leon Panetta (Blade photo by Michael Key)

A federal court on Monday approved a settlement that will allow gay service members discharged because of their homosexuality to receive full severance pay.

The American Civil Liberties Union said that it reached the roughly $2.4 million agreement on behalf of more than 180 service members who signed onto a class action lawsuit who received only 50 percent of their separation pay when the military discharged them. This policy took effect in 1991, two years before “Don’t Ask, Don’t Tell” took effect.

The settlement the ACLU reached with the Pentagon only applies to those discharged before Nov. 10, 2004, because of the statute of limitations.

“It makes no sense to continue to penalize service members who were discharged under a discriminatory statute that has already been repealed,” Joshua Block, staff attorney for the ACLU Lesbian Gay Bisexual Transgender Project, said. “The amount of the pay owed to these veterans is small by military standards, but is hugely significant in acknowledging their service to their country.”

The ACLU in 2010 challenged the policy on behalf of former Air Force Staff Sgt. Richard Collins who was discharged under “Don’t Ask, Don’t Tell” in 2006 after a co-worker at Cannon Air Force Base in New Mexico saw him kiss his boyfriend in their car while they were off-base.

“This means so much to those of us who dedicated ourselves to the military, only to be forced out against our will for being who we are,” Collins said. “We gave all we had to our country, and just wanted the same dignity and respect for our service as any other veterans.”

“There was absolutely no need to subject these service members to a double dose of discrimination by removing them from the armed forces in the first place, and then denying them this small benefit to ease the transition to civilian life,” Laura Schauer Ives, managing attorney for the ACLU of New Mexico, added. “This decision represents a long-delayed justice to these veterans.”

The ACLU announced the settlement hours after President Obama nominated former Nebraska Sen. Chuck Hagel to succeed Defense Secretary Leon Panetta — his selection sparked controversy among some advocates who have criticized him for his anti-LGBT voting record on Capitol Hill and for describing James Hormel as “openly, aggressively gay” during a 1998 newspaper interview about his nomination to become the U.S. ambassador to Luxembourg.

Hagel apologized for his comments.

Former chair of the Joint Chiefs of Staff Adm. Mike Mullen and U.S. Marine Corps Commandant Gen. James Amos are among the military commanders who have said the integration of openly gay men and lesbians into the armed forces has gone smoothly since the repeal of “Don’t Ask, Don’t Tell” became official in September 2011.

Problems, however, remain.

Transgender servicemembers remain unable to openly serve, while the Defense of Marriage Act prohibits the military from providing on-base housing, survivor and other spousal benefits to same-sex partners of gay soldiers.

Servicemembers Legal Defense Network in October 2011 filed a federal lawsuit against DOMA on behalf of Chief Warrant Officer Charlie Morgan, a lesbian guardsman with terminal breast cancer who led the Pledge of Allegiance at New Hampshire Gov. Maggie Hassan’s inauguration on Jan. 3, and other gay service members and veterans. The Southern Poverty Law Center last February filed a lawsuit against the U.S. Department of Veteran Affairs on behalf of a disabled veteran from California whose application for spousal benefits for her wife whom she legally married outside Los Angeles before voters in 2008 approved Proposition 8 that banned nuptials for gays and lesbians.

The U.S. Supreme Court is scheduled to hear oral arguments in cases challenging both Prop 8 and DOMA at the end of March.

The Obama administration announced in February 2011 it would no longer defend DOMA, but House Republicans continue to back it.

Attorneys general urge Supreme Court to strike down Prop 8

Supreme Court, gay news, Washington Blade

13 state attorneys general on Thursday filed a brief with the U.S. Supreme Court in the case challenging California’s Proposition 8. (Washington Blade file photo by Michael Key)

Fourteen state attorneys general on Thursday filed a brief with the U.S. Supreme Court in support of marriage rights for same-sex couples.

“Equality under the law is a founding principle of America, but we will not all be equal until everyone has the freedom to choose whom to love and whom to spend their lives with,” Delaware Attorney General Beau Biden said during a news conference in Wilmington. “It is unconstitutional to deny same-sex couples the freedom to marry.”

The brief onto which Connecticut Attorney General George Jepsen, D.C. Attorney General Irvin Nathan, Illinois Attorney General Lisa Madigan, Iowa Attorney General Tom Miller, Maine Attorney General Janet Mills, Massachusetts Attorney General Martha Coakley, New Hampshire Attorney General Michael Delaney, New Mexico Attorney General Gary King, New York Attorney General Eric Schneiderman, Oregon Attorney General Ellen Rosenblum, Vermont Attorney General William Sorrell and Washington Attorney General Robert Ferguson argues California’s voter-approved Proposition 8 denies a variety of legal and social benefits afforded through marriage to same-sex couples and their children. It also highlights nine states and the nation’s capital allow gays and lesbians to marry.

California Attorney General Kamala Harris on Wednesday filed a separate brief with the U.S. Supreme court that urges the justices to strike down Prop 8.

“Our experience in Massachusetts has unequivocally shown that ending the exclusion of same-sex couples from marriage has only strengthened the institution,” Coakley said. “We urge the court to strike Proposition 8 down because it discriminates against gay and lesbian individuals and their families.”

The briefs come ahead of a likely debate on a bill in the Delaware Legislature that would allow gays and lesbians to marry.

An Illinois state House committee on Tuesday approved a same-sex marriage measure, while Minnesota legislators earlier on Thursday introduced a bill that would allow gays and lesbians to marry. Lawmakers in New Jersey and Rhode Island are expected to consider the issue in the coming days and weeks.

“We at Equality Delaware could not be any prouder of our attorney general, Beau Biden, for standing up for freedom and marriage equality for all Delaware families,” Equality Delaware President Lisa Goodman, who spoke at Biden’s news conference, told the Washington Blade.

The state attorneys general filed their brief with the court on the same day Baltimore Ravens linebacker Brendon Ayanbadejo and Chris Kluwe of the Minnesota Vikings again expressed their support for marriage rights for same-sex couples in their own brief that urged the justices to strike down Prop 8.

Equality Virginia, the Utah Pride Center, the Campaign for Southern Equality and other LGBT advocacy groups on Wednesday filed a brief that urges the justices to uphold lower court rulings that found both Prop 8 and DOMA unconstitutional. Former Republican National Committee Chair Ken Mehlman, House Minority Leader Nancy Pelosi (D-Calif.,) Florida Congresswoman Ileana Ros-Lehtinen, gay California Assembly Speaker John Perez and the U.S. Conference of Mayors are among those who have either filed briefs in support of marriage rights for same-sex couples or signed onto them.

Biden and other state attorneys general are expected to file a brief in the DOMA case on Fiday.

The U.S. Supreme Court will hear oral arguments in the two cases on March 26-27.