New Mexico Supreme Court approves same-sex marriages
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January 3, 2014
New Mexico: In a bold unanimous decision, the New Mexico Supreme Court ruled that same-sex marriages are constitutionally protected in the state.[1]
New Mexico lacks any statutes on same-sex relationships per se. The standing marriage and license laws, unchanged since 1961, do require a form for both the female and male parties applying for the license. Previous attorneys general have held this to be a de facto prohibition of same-sex licenses, as such a standard cannot be met by same-sex couples. The courts have historically interpreted that the marriage statutes, "when read as a whole," enforce an effective prohibition on same sex marriages.[2] In a move started by a single county clerk, 8 counties started issuing marriage licenses to same-sex couples. The confusion led county officials to ask the state supreme court to clarify the matter.[3]
Justice Edward L. Chavez wrote in the unanimous opinion delivered on December 19, 2013,
| “ | We hold that the State of New Mexico is constitutionally required to allow same-gender couples to marry and must extend to them the rights, protections, and responsibilities that derive from civil marriage.[1][2][4] | ” |
The court maintained that the issuance of a marriage license is purely a secular matter, and does not require religious institutions to “solemnize” same-sex marriages if their doctrine forbids it.[1][2]
Religious groups and advocates resistant to same-sex marriage are not so optimistic. Ken Klukowski of the Family Research Council accused the court of acting as a legislature and generating law without a constitutional basis.[1] The court did not strike down any particular statute because there was none. Instead, it issued an interpretation of the state constitution’s equal protection clause. The unusual style of decision, while not changing state code, does have real impacts on marriage in the state. First, the state now has an official and explicit position on the issue, where previously it did not. Second, it preempts any legislation on the matter, and finally, it requires counties to issue marriage licenses to same-sex couples. Additionally, inferior courts are bound by the high court's precedent.
Other criticisms focused on the non-procreative role of same-sex marriages and therefore their position outside of New Mexico statute. Some parties involved argued that the government has an interest in responsible childbearing and that interest serves as the whole basis for marriage and state involvement. In response, Justice Chavez wrote: “[T]he purported governmental interest of 'responsible procreation and childrearing' is not reflected in the history of the development of New Mexico’s marriage laws. Procreation has never been a condition of marriage under New Mexico law.”[2]
In summation, the court compared statutes prohibiting same-sex marriages to those historically prohibiting interracial marriage. The opinion stated: "It is inappropriate to define the governmental interest as maintaining only opposite-gender marriages, just as it was inappropriate to define the governmental interest as maintaining same-race marriages in Loving.” Loving refers to Loving v. Virginia, the famous court case in which interracial marriage bans were struck down. The court further stated, in language reflective of federal and historical cases regarding marriage rights, that
| “ | ...barring individuals from marrying and depriving them of the rights, protections, and responsibilities of civil marriage solely because of their sexual orientation violates the Equal Protection Clause under Article II, Section 18 of the New Mexico Constitution.[2][4] | ” |
State Attorney General Gary King said he was pleased with the courts decision, and given recent U.S. Supreme Court decisions, it is likely to maintain precedence in the "Land of the Enchantment" for some time. King agreed that same-sex couples can feel confident obtaining New Mexico marriage licenses.[5]
See also
- New Mexico Supreme Court
- Marriage cases on Judgepedia
- News: Same-sex marriage licenses to be issued in Santa Fe County, August 22, 2013
- News: District judge rules that discrimination based on sexual orientation applies to marriage, August 26, 2013
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Washington Post, "New Mexico Supreme Court Legalizes Gay Marriage," by Aaron Blake, December 19, 2013
- ↑ 2.0 2.1 2.2 2.3 2.4 Griego et al. v. Oliver et. al, Supreme Court of New Mexico, December 19, 2013
- ↑ Fox News, "New Mexico Supreme Court: Same-Sex Marriage is Legal," December 19, 2013
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ NBC News, "New Mexico legalizes same-sex marriage," By Barry Massey and Russell Contreras, The Associated Press, December 19, 2013
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Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of New Mexico • U.S. Bankruptcy Court: District of New Mexico
State courts:
New Mexico Supreme Court • New Mexico Court of Appeals • New Mexico District Courts • New Mexico Magistrate Court • New Mexico Municipal Courts • New Mexico Probate Courts • New Mexico Problem-Solving Courts • New Mexico Workers' Compensation Administration Court • Bernalillo County Metropolitan Court
State resources:
Courts in New Mexico • New Mexico judicial elections • Judicial selection in New Mexico
