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  1. #1
    JockBoy87
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    Santa Fe to Push for Same Sex Marriages in New Mexico

    New Mexico lacks a statute banning same sex marriage. It has always been gender neutral. Only public policy and common law have prevented legal same sex weddings in the state.

    ... until now

    The mayor of Santa Fe and a city councilor will introduce a resolution on March 27 that will advise clerks to start issuing marriage licenses.

    http://www.lgbtqnation.com/2013/03/s...ssue-licenses/

    The only foreseeable barriers will be opposition on the council or a state court challenge. It is unlikely that one jurisdiction will set statewide policy, likely requiring action from the Democratic attorney general or a ruling from the state supreme court.

  2. #2

    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    God every day we are seeing progress it feels like!

    I see no way this couldn't go our way. It's similar to how the Mexican state of Quitano Roo legalized same-sex marriage.

  3. #3
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by scream4ever View Post
    God every day we are seeing progress it feels like!
    I said the same thing in another post yesterday.

    This is the gay marriage singularity, the same term used by Ray Kurtzweil to describe the future state of human technology, wherein progress occurs instantaneously and unpredictably.

    I see no way this couldn't go our way. It's similar to how the Mexican state of Quitano Roo legalized same-sex marriage.
    Many cities have tried and failed to initiate change for their states, and so far all have failed. That includes New Mexico in 2004, when the Sandoval County clerk managed to grant 64 marriage licenses before the attorney general advised her to stop.

    But this is 2013, and this time is different. I agree; I don't see where meaningful political opposition will come from in New Mexico.

    Here is a link to some more information:

    http://www.buzzfeed.com/chrisgeidner...-couples-can-m

  4. #4
    JUB Addict T-Rexx's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by scream4ever View Post
    I see no way this couldn't go our way.
    I do.

    The NM governor, Susana Martinez, is a Republican, who is adamantly opposed to gay marriage. She will move to stop this.
    Last edited by T-Rexx; March 19th, 2013 at 04:36 PM.

  5. #5
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by T-Rexx View Post
    I do.

    The NM governor, Susana Martinez, is a Republican, who is adamantly opposed to gay marriage. She will move to stop this.
    The governor has no such power in New Mexico.

    The independently elected Attorney General of New Mexico is the head of the state justice department, and has sole discretion to seek a lawsuit to stop Santa Fe.

  6. #6
    JUB Addict T-Rexx's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    ^ Sure she does.

    She can sue, asking a judge to stop the issuing of same-sex licenses.

    She can propose a NM constitutional amendment to ban gay marriage.

    She can pressure the NM attorney general to invalidate the licenses.

    In any case, this is much ado about nothing. The Santa Fe County recorder (Geraldine Salazar) is refusing to issue same sex licenses. She says her interpretation of state law is that it prohibits same sex marriage.

    Sandoval County in NM tired to do exactly this same thing in 2004. They issued 64 same-sex marriage licenses before the state attorney general ordered them to stop, and invalidated the licenses already issued.

    It's great that the Santa Fe mayor is on our side, but this is nothing beyond a gesture of support. It is not likely that any real gay marriage licenses will be issued because of this. The mayor says he's just trying to generate gay-friendly discussion ahead of the SCOTUS hearings on gay marriage.

    But the mayor's support is nevertheless appreciated, of course.
    Last edited by T-Rexx; March 19th, 2013 at 07:28 PM.

  7. #7
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by T-Rexx View Post

    She can sue, asking a judge to stop the issuing of same-sex licenses.
    No she can't. The governor is not the head of the state's justice department. She cannot use state resources to sue anyone.

    That is the duty of the attorney general.

    She can propose a NM constitutional amendment to ban gay marriage.
    Like that will get anywhere with the Democratic majority in New Mexico?

    Please...

    She can pressure the NM attorney general to invalidate the licenses.
    You mean one of the most pro-gay attorneys general in the US?

    The one who opined that outside same sex marriages must be recognized in New Mexico?

    I don't think so.

    In any case, this is much ado about nothing. The Santa Fe County recorder (Geraldine Salazar) is refusing to issue same sex licenses. She says her interpretation of state law is that it prohibits same sex marriage.
    She is saying that now; just wait until the process gets further down the line. It won't happen overnight.

    Sandoval County in NM tired to do exactly this same thing in 2004. They issued 64 same-sex marriage licenses before the state attorney general ordered them to stop, and invalidated the licenses already issued.
    I just mentioned that in a previous post.

    You must also recognize that nine years is a world of difference on this issue.

  8. #8
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    The ALCU, NCLR, and a law firm representing two couples have filed a lawsuit in the district court in Albuquerque seeking the right to marry.

    http://www.nclrights.org/site/PageNa...er_032113.html

    I think we are going to see all this wrapped up at the Supreme Court of New Mexico eventually.

  9. #9
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    The Santa Fe Council voted 5-3 to adopt a resolution in favor of marriage equality. The resolution has no mandatory effect, as country clerks issue licenses, not cities. However, a county clerk could issue marriages at any time. The Santa Fe County clerk said she will exercise restraint until this issue is cleared up, which will either require an opinion from the attorney general or the success of the lawsuit.

    http://thinkprogress.org/lgbt/2013/0...ty-resolution/

  10. #10
    Banned chance1's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Good for NM

    Love the legalese that now is rampant in CE+P

    What's the Native American position on gay marriage - culturally ?

    Lots of NA in NM

    As I found when I visited

  11. #11
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by chance1 View Post
    Good for NM

    Love the legalese that now is rampant in CE+P

    What's the Native American position on gay marriage - culturally ?

    Lots of NA in NM

    As I found when I visited
    There are hundreds of tribes in North America. The major ones in New Mexico are Apache, Navajo, and Pueblo peoples. None of those nations marry gay couples, as far as I know. There are only three in the US that do, and they are in Washington, Oregon, and Michigan.

  12. #12
    JUB Addict Ninja108's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    IMO,New Mexico will be the first Southwest state to have gay marriage,despite Martinez's efforts to make sure otherwise.

  13. #13
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by Ninja108 View Post
    IMO,New Mexico will be the first Southwest state to have gay marriage,despite Martinez's efforts to make sure otherwise.
    How this will go in New Mexico is not very well defined yet. A county clerk could start tomorrow, or we will have to wait for a state supreme court ruling, which could take years. In the latter case, New Mexico might not be the first, depending on how you define the Southwest. I'm positive that California, Nevada, and Colorado will pass marriage equality within the next three years.

  14. #14
    JUB Addict Ninja108's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by JockBoy87 View Post
    How this will go in New Mexico is not very well defined yet. A county clerk could start tomorrow, or we will have to wait for a state supreme court ruling, which could take years. In the latter case, New Mexico might not be the first, depending on how you define the Southwest. I'm positive that California, Nevada, and Colorado will pass marriage equality within the next three years.
    That's true..for Nevada,the question won't come up until 2016.

  15. #15
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by Ninja108 View Post
    That's true..for Nevada,the question won't come up until 2016.
    By new year's 2016 hopefully Arizona will be the only state left in the Southwest, and that's if an LGBT rights group doesn't put that state on the ballot too, though three years may not be enough for Arizona. That one might have to wait until 2020.

  16. #16

    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    I think Arizona can do it in 2016. It only passed by 56% in 2008.

  17. #17

    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    gays in New Mexico?!?!?!

  18. #18
    JUB Addict Ninja108's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    It is one of the more liberal states in the Southwest. Too bad the governer right now is a bigoted $#@

  19. #19
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by Ninja108 View Post
    It is one of the more liberal states in the Southwest. Too bad the governer right now is a bigoted $#@
    Martinez will go out with the tide. Right wing enthusiasm in the 2010 election ushered in a lot of conservatives to where they otherwise wouldn't be.

  20. #20
    JUB Addict cm98059's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by chance1 View Post
    Good for NM

    Love the legalese that now is rampant in CE+P

    What's the Native American position on gay marriage - culturally ?

    Lots of NA in NM

    As I found when I visited
    Just as there are many Native American Cultures, there are multiple views on same sex marriage with in the tribes. The Cherokee and the Navajo have a history of respect for their homosexual and transgendered individuals. Some nations felt that they held the spirits of both men and women, and revered them as counselors, believing that they could see both sides in an argument. In other cultures, two spirit people were the shamen, leaders of the people, healers, and filled other roles in the hierarchy. The Navajo nation had no regulations on the books until 2005. It is a similar situation to the Cherokee Nation, where there were no statutes on the books until recent history. But traditionally, many Native American Nations embraced wíŋkte, nádleehé, hwame, or two spirit people by many different names.

  21. #21
    JockBoy87
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by cm98059 View Post
    The Navajo nation had no regulations on the books until 2005.
    Gender specific marriage laws are a recent invention in states as well. Maryland was the first state to specify gender when it did so in 1973, and Minnesota held off passing a ban on same sex marriage until 1997. Between those dates 46 other states passed roughly the same statute. Only New Mexico and Rhode Island have not.

  22. #22
    JUB Addict Ninja108's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Quote Originally Posted by JockBoy87 View Post
    Martinez will go out with the tide. Right wing enthusiasm in the 2010 election ushered in a lot of conservatives to where they otherwise wouldn't be.
    Indeed,PA,WI,MI among others. As for Martinez,will just love watching her explain why she denied LGBT military service members the same rights as straight ones on a national stage. It won't fly anymore.
    Last edited by Ninja108; April 27th, 2013 at 10:39 AM.

  23. #23
    Oranje rareboy's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Well this is good news.

  24. #24
    JUB Addict Ninja108's Avatar
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    Re: Santa Fe to Push for Same Sex Marriages in New Mexico

    Indeed it is rareboy

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