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New Mexico Supreme Court: Same-Sex Marriage Legal


Society & Culture  (tags: activists, americans, culture, education, family, freedoms, gayrights, government, law, media, politics, rights, society )

Kit
- 125 days ago - abcnews.go.com
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.



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Kit B. (277)
Thursday December 19, 2013, 10:57 am
Image Credit: http://www.crwflags.com/fotw/flags/qq-rb.html


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.
****

AP and ABC News
 

Chaz Berlusconi (61)
Thursday December 19, 2013, 10:58 am
I think this is so wrong.. according to God's word.. these marriages are not what God intended for mankind
 

AniMae Chi (361)
Thursday December 19, 2013, 11:07 am
Wonderful news, well done New Mexico!
 

selma davis (52)
Thursday December 19, 2013, 12:26 pm
THANK YOU NEW MEXICO.........I DON'T SEE WHY PEOPLE MAKE SUCH AN ISSUE ABOUT THIS. 2 PEOPLE IN LOVE COMMITTING TO EACH OTHER, THAT'S A BEAUTIFUL THING. AND WE COULD USE MORE BEAUTIFUL THINGS IN THIS WORLD! THE BIBLE WAS WRITTEN AND TRANSLATED LONG LONG AGO. NOBODY CAN SAY FOR AN ABSOLUTE FACT THAT "GOD" SAID THESE THINGS. AND THIS IS NOW, IM SURE "GOD" BEING THE LOVING ACCEPTING ENTITY THAT HE IS WOULD LOVE IT. BACK THEN THE FOCUS WAS ON PROCREATION NOT LOVE. IT WAS MY UNDERSTANDING THAT "GOD" LOVES US ALL. I THINK THE SONG GOES SOMETHING LIKE "YELLOW, BLACK AND WHITE WE ARE ALL PRECIOUS IN HIS SIGHT" (?) I KNOW HETERO COUPLES THAT GET MARRIED FOR THE WRONG REASONS. WHY AREN'T PEOPLE MAKING AN ISSUE OF THAT? DIDN'T "GOD" OR SOMEONE IN THE BIBLE SAY "JUDGE NOT LEAST YE BE JUDGED" AND WAS " PEOPLE WHO LIVE IN GLASS HOUSES SHOULD NOT THROW STONES" IN THE BIBLE SOMEWHERE...SOMETHING LIKE "HE WHO IS WITHOUT SIN MAY THROW THE FIRST STONE". I ACTUALLY HAD A CLASS ABOUT THE BIBLE IN COLLEGE TAUGHT BY A MINISTER. AND WE DISCUSSED THE IDEA THAT THIS WHOLE CONCEPT OF NO HOMOSEXUALITY WAS A CONSTRUCT OF CHRISTIANS WHO, ONCE AGAIN, WANTED TO DOMINATE AND ABOLISH OTHER BELIEFS. THE ROMANS AND THE GREEKS PRACTICED HOMOSEXUALITY EVEN IF THE PERSON WAS HETERO. DON'T REALLY KNOW WHERE OR WHY THAT WAS DEVELOPED BUT REALLY WHO CARES. GAYS AND LESBIANS AREN'T HURTING ANYONE BY GETTING MARRIED. IT DOESN'T INTERFERE W/YOUR BELIEFS SO WHY WOULD YOU INTERFER W/SOMEONE ELSES. MANY CHRISTIANS SOME HOW GET THE IMPRESSION THAT THEIR BELIEFS ARE SUPERIOR TO OTHER'S BELIEFS. I REALLY DON'T GET THAT EITHER. CHRISTIANITY IS FAIRLY YOUNG COMPARED TO OTHER RELIGIONS. DO YOU THINK "GOD" WOULD HAVE SANCTIONED THE CRUSADES. WHAT KIND OF PEOPLE ARE YOU? THIS IS ONLY MEANT FOR "CHRISTIANS" WHO HIDE BEHIND THE BIBLE TO PROTEST SOMETHING THEY DON'T UNDERSTAND. AREN'T WE ALL "GOD'S" CREATURES. IF HE CREATED HETEROS THEN HE CREATED HOMOS. MY PEOPLE WERE FORCED TO GIVE UP THEIR BELIEFS OR DIE. THAT DOESN'T SOUND "CHRISTIAN" TO ME. CHRISTIANS EVEN ADAPTED THE DATE OF THEIR HOLIDAYS TO FALL CLOSE TO THE PAGAN HOLIDAYS TO MAKE THE "CONVERSION" GO A LITTLE SMOOTHER. IF YOU CALCULATE WHERE THE STARS WERE AND OTHER REPORTED THINGS IN "THE BIBLE", YOU WOULD REALIZE THAT CHRIST COULD NOT HAVE BEEN BORN ON DEC 25TH. THAT WAS AN ARBITRARY DATE CHOSEN CLOSE TO THE PAGAN CELEBRATION OF THE WINTER SOLSTICE.
PAGANS CELEBRATE MOTHER NATURE AND MAJOR EARTH CHANGES, LIKE THE LONGEST DAY OF THE YEAR. THEY REVERE AND RESPECT THE NATURAL WORLD THAT "GOD" CREATED. WHAT COULD BE MORE DIVINE THEN THAT? THESE CHANGES DICTATED THE WAY THEY LIVE TO HAVE FOOD THEY MUST PLANT IN THE SPRING WHEN RENEWAL OF THE EARTH BEGINS, THEN THRU OUT THE WARM WEATHER THEY NUTURED WHAT THEY SOWED, AT THE END OF THE SEASON THEY REAPED WHAT THEY SOWED PROVIDING THEM WITH SUSTENANCE UNTIL THE NEXT PLANTING SEASON. AND THEY HAD THEIR CELEBRATIONS OF THANKS FOR WHAT "GOD" PROVIDED.
YOU ARE ENTITLED TO YOUR FEELINGS AND BELIEFS BUT DON'T PUSH THEM ON OTHERS. WE DON'T NEED PEOPLE TO SPREAD HATRED AND MISERY IN THE WORLD
 

selma davis (52)
Thursday December 19, 2013, 12:28 pm
PS THERE IS SERIOUS DEBATE THAT "GOD" IS A MAN. THE WORD THAT WAS USED FOR "GOD" WAS BOTH FEMININE AND MASCULINE. IT COULD BE USED FOR EITHER SEX. THE ONLY REASON THAT IT WAS TRANSLATED TO A MALE SEX, WAS BECAUSE WHEN CHRISTIANS TOOK OVER THINGS BECAME MALE DOMINATED. ALL THIS WAS DUE TO CHRISTIANS DESIRE TO CONQUER THE WORLD. MEN TRANSLATED THE BIBLE SO OF COURSE THEY WERE GOING TO ATTRIBUTE MALE GENDER TO "GOD". PAGANS RESPECTED BOTH GENDERS AND THE WORLD WAS SLIGHTLY MORE MATRIARICHAL. AND THE FUNNY THING IS THERE WAS LESS CONTENTION AND AGGRESSIVENESS IN THAT KIND OF RULER SHIP. I WILL REALLY BE HAPPY WHEN I FIGURE OUT HOW TO DO BOLD OR UNDERLINE IN MY POSTS.
 

Maria Cristina A. (119)
Thursday December 19, 2013, 12:31 pm
Very good news!
 

Roger Skinner (12)
Thursday December 19, 2013, 12:34 pm
@Chaz: you are welcome to your opinion, but your "God" is often different from what others perceive "God" to be. In any case, since you live in South Africa and not in New Mexico, this really doesn't effect you. Even for those of us, like me, who DO live in New Mexico, no one is forcing anyone to marry a person of the same sex. The point is that it is an individual choice, not something mandated by some "God" or religion that not all people believe in. I am proud of the New Mexico county clerks who dared to start issuing same-sex marriage licenses that forced the state's Supreme Court to decide the matter. Inclusion and equality are always better than exclusion and inequality.
 

Kit B. (277)
Thursday December 19, 2013, 12:53 pm

Human and Civil Rights, that is the law of the land, even if people must keep fighting for it, it is the law.
 

Rose NoFWDSPLZ (265)
Thursday December 19, 2013, 2:20 pm
Wonderful
 

pam w. (187)
Thursday December 19, 2013, 3:14 pm
Yes, Chaz...you're welcome to your opinion. Don't marry a woman.

However, your religion is NOT the law of the land and shouldn't be applied to the rest of us.
 

Lois Jordan (55)
Thursday December 19, 2013, 3:24 pm
Well, of course I consider this great news. Love doesn't know gender difference. My marriage has never been "sacrosanct"....and never will be. I believe it is the right of any human to marry any other human being they love and want to spend their life with. Of course, there are age-appropriate relationships.....we are talking about adults. Geez, even the pope said, "Who am I to judge?"
 

Natasha Salgado (458)
Thursday December 19, 2013, 4:05 pm
This is great! It should be nationwide tho...thx Kit
 

JL A. (270)
Thursday December 19, 2013, 5:20 pm
That makes it 17 states now--34%...and news worth celebrating
 

Carmen S. (606)
Thursday December 19, 2013, 5:49 pm
Thanks Kit, nice to hear some good news.
 

BMutiny TCorporationsEvil (466)
Thursday December 19, 2013, 6:20 pm
The Right-wing Homophobic Religious Bigots - they say that
"Court clerks can't decide these matters for themselves".
Then they say "Let the Courts decide" - oops, "Activist Judges shouldn't pre-empt the Will of the People".
So, "Let the Legislatures decide" - oops, "Legislatures, the people's Representatives, don't have the Right"...
So, "Let the Voters decide". FINALLY, the real Will of the People will be made manifest....
OOOOOPS! WRONG CALL AGAIN!!!!!
Or play this Sequence BACKWARDS, or in ANY ORDER YOU PLEASE...

The tiny, and DYING, superannuated MINORITY of mainly Angry Old Rethuglican Men, can't latch on to the fact that they are a MINORITY and DOOMED-TO-EXTINCTION...
[One "species" we definitely WON'T be sorry to see go...]
 

selma davis (52)
Thursday December 19, 2013, 6:39 pm
NOT THAT IT REALLY MATTERS BUT JUST TO PROVE A POINT I AM HETERO AND IT WOULDN'T BOTHER ME IF A PURPLE 2 FOOT MAN MARRIED A TEN YR OLDER MAN W/ PINK STRIPES AND 7 FOOT TALL. AND TRUTHFULLY, I DO THINK THERE IS A BIOLOGICAL COMPONENT TO BEING GAY OR LESBIAN. I AM GLAD TO SEE SO MUCH SUPPORT AND ACCEPTANCE FOR SOMETHING THAT "ISN'T CONSIDERED THE "NORM"". WHEN THE SETTLERS LANDED IN AMERICA. THE NATIVE AMERICAN IINDIANS ACCEPTED THEIR DIFFERENCES AND EXTENDED THEIR HAND IN FRIENDSHIP TO THE STRANGE NEW RACE. IF NOT FOR THE INDIANS, THE SETTLERS WOULD HAVE ALL DIED. UNFORTUNATELY THEY WERE STABBED IN THE BACK FOR THEIR HELP. SOMETIMES I WONDER IF THAT WASN'T THE START OF RACISM IN OUR COUNTRY.
 

Kit B. (277)
Thursday December 19, 2013, 6:43 pm

We know that it is coded within the DNA, so it's not really a choice that one makes. People are born as gay or straight, that is no longer open to debate, it is scientific fact.
 

BMutiny TCorporationsEvil (466)
Thursday December 19, 2013, 6:44 pm
Chaz, do you know what Jesus said about Homosexuality?
____________________________________________________.

That's it, that's NOTHING.
Same-sex marriage existed, and was HONORED, in many cultures before Judeo-Christianity came along.
Was God, then, snoozing for thousands and thousands of years?
You're saying your God doesn't want people to LOVE each other?
Doesn't want people to COMMIT THEIR LIVES TO EACH OTHER?
Doesn't want Children to grow up with LOVING PARENTS?
If YOUR BIGOTRY were to SUCCEED in DESTROYING all the Gay marriages there are, were, or ever will be....
then YOUR BIGOTRY would be destroying LOVING, CARING, SUPPORTING, NURTURING RELATIONSHIPS.

Your God must then be a God of CRUELTY, BIGOTRY, INEQUALITY and SADISM... suit yourself.
That's not MY idea of how the Universe is run...
 

Vivian B. (156)
Thursday December 19, 2013, 8:01 pm
This is so fantastic! We may finally get some equal rights throughout the country!
It does not matter who you love. We should be celebrating the fact that two people found each other and are joining their lives together! It is all good!
To sit and judge people is just WRONG! You don't get to tell anyone else how to live their lives! This is not a living by committee thing. The LGBT have been persecuted and bullied forever! They didn't get any free rides when it comes to just walking down the streets!! They have people that would just as soon kill them for who they love!
For them the state to say "It's OK" to get married an enormous leap in the right direction!! Let's pop the champagne and celebrate!!
 

Nyack Clancy (387)
Thursday December 19, 2013, 8:28 pm
Thanks Kit
 

Nyack Clancy (387)
Thursday December 19, 2013, 8:30 pm
@ Chaz
"I think this is so wrong"

It is ok you feel that way, and if it is the case - then don't have yourself a gay marriage.

 

Jennifer L. (14)
Thursday December 19, 2013, 9:03 pm
Wonderful news!!

I'm always surprised to see people upset about gay marriage because they think their god doesn't like it. Their god also said not to judge - it's not your job. Worry about yourself.

 

Amy Fisher (10)
Friday December 20, 2013, 12:35 am
Thank you for this good news.
 

Craig Pittman (44)
Friday December 20, 2013, 4:34 am
Super news. Way to go New Mexico.
 

Jaime A. (32)
Friday December 20, 2013, 7:06 am
Noted.
 

Ros G. (87)
Friday December 20, 2013, 2:20 pm
Thanks Kit and others America is so much further ahead than Australia in this case..the ACT (Australian Capital Territory) recently made same-sex marriages LEGAL from December 2, 2013. The Australian Government took it to the High Court to have it squashed..and that's exactly what happened...same-sex marriage only survived 4 days here. The reason given by the Judge was that every State and Territory should have the same Legislation on this...funny..each State and Territory has different laws regarding abortion, etc and when you think that over 70% of the population are happy for same-sex marriages to be legal throughout the whole of Australia. In my Federal Electorate 85% of the voters said "Yes" to same-sex marriage..but only one "NO" counted and that was from our Federal Member...
 

Robert O. (12)
Saturday December 21, 2013, 1:09 pm
Chaz, that's fine and you are entitled to your beliefs but nobody's beliefs or religious doctrine should dictate what legal rights people have or don't have. Equal rights are human rights and people should be entitled to the same rights. Creating underclasses of people is totally hateful.
Thanks Kit.
 

Roger Garin-michaud (60)
Saturday December 21, 2013, 1:49 pm
good news thanks
 

selma davis (52)
Wednesday December 25, 2013, 10:24 pm
I COMPOSED A VERY LONG COMMENT DAYS AGO BUT I FEEL LIKE THIS JUST SUPPORTS SOME OF WHAT I SAID. THIS WAS MY COMMENT FOR THE ARTICLE ABOUT5 WAYS CHRISTIANS AND JEWS CO-OPTED PAGAN HOLIDAYS. PAGANISM IS ONE OF THE OLDEST RELIGIONS. PLZ TAKE A MINUTE OR 2 TO READ THE ARTICLE OF PAGAN BELIEFS INCORPORATED INTO CHRISTIAN BELIEFS

BEEN TRYING TO EXPLAIN THIS TO PEOPLE FOREVER. PURE CHRISTIANITY IS VERY YOUNG COMPARED TO OTHER RELIGIOUS BELIEFS. UNFORTUNATELY "PURE CHRISTIANITY" WAS PREVERTED BY WHITE MALES WHO DECIDED THEY NEEDED TO CLAIM THE WORLD AS THEIR OWN. I REALLY DONT THINK GOD WOULD HAVE SUPPORTED OR ENCOURAGED THE CRUSADES. WE ARE ALL HIS CREATIONS; "YELLOW, BLACK, WHITE WE ARE PRECIOUS IN HIS SIGHT", TIGERS, ELEPHANTS, SPIDERS, WOLVES, GAY AND LESBIAN, TRANSVESTITES, WOMEN, CHILDREN, MEN, NATURE. GOD MADE US ALL. TO SEE ANOTHER AS LESS OR INSIGNIFICANT OR WANT TO HARM THEM IS AGAINST GOD'S WILL. HE DOESN'T CARE IF WE ARE PAGAN, ATHEIST OR METHODIST. AGAIN WE ARE ALL EQUAL IN HIS EYES. IT'S MAN WHO CORRUPTS THIS. AND THIS IS JUST ONE EXAMPLE.
 

selma davis (52)
Wednesday December 25, 2013, 10:26 pm
ROS SOUNDS LIKE A PETITION IS CALLED FOR!
 

selma davis (52)
Wednesday December 25, 2013, 10:39 pm
"It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed the Union."
- Susan B. Anthony

QUOTE I GOT FROM CARE2 NO OFFENSE WHITE MALES BUT THIS IS THE TRUTH BEHIND BIBLE TRANSLATION AND THE LAWS OF OUR LAND,..........QUESTION THINKS SPEAK UP THE WORST THAT CAN HAPPEN IS YOU MIGHT LEARN SOMETHING
 

Ros G. (87)
Wednesday December 25, 2013, 11:15 pm
Thanks Selma..70%+ of the voters are happy to have same sex marriage..but both sides of our major parties are against it...female and male Politicians alike..they are Governed by the Right Wing factions..until those factions stop being so powerful...believe me have been working on this for over 2 years here. We have some wonderful Gay and Lesbian Politicians in office and they can't even swing it..fortunately we don't have any anti-Gay Legislation and same-sex couples are recognized under our Laws...they just can't legally get married yet...and I mean yet..but it will happen I'm sure..some clever Constitutional Lawyers will take up the challenge.
 

selma davis (52)
Saturday January 4, 2014, 2:10 pm
hi everybody i feel that i may have been a little overzealous in my early comment. so if u can spare a moment or 3, i will try to reiterate my convictions. all throughout history there has been religious persecution. Christians, pagans, Jews etc. i did a lot of research so i could offer examples and dates etc etc etc. but since i am already long winded, i will not bore u w/details. the persecuted often became persecutors. who was right and who was wrong? pagans were the only exception. several historians noted that pagans were peaceful. the concept in general of "to each his own" is standard operating system for pagans. and i am of the belief that this is due to a greater understanding and respect of nature. the fact that they practiced matriarchal ideology didn't hurt either. so even though, i focused on christians they were not the only ones that shed blood in order to demand what the sole religious tenets would be. everything i wrote in my earlier comment is my dogma, except that christians were only ones to kill in order to declare supremacy. i deeply dislike all "religious" institutions and/or persons who claim their religion is the only "true" religion and/or create harm on any level because of their faith. acceptance of others is suppose to be a "christian" demeanor. how does it make sense to discriminate against some one who's dna sequence provides different results than yours? God created all of us equally and i wish people would understand that b4 they judge someone as inferior. we were given free will, the will to choose for ourselves. why would anybody presume the right to take away their neighbor's free will? didn't God give us the gift of free will? how will you feel when science proves homosexuality is determined by your biological make up?
i really did try to make this short!
 

Ros G. (87)
Saturday January 4, 2014, 2:26 pm
Thanks Selma...I have attached an email and a link to a video just made by some friends..it's a protest as well to the Australia Government because they were forced to get married in New Zealand. This is their wedding video and their message..they have raised two wonderful as well: This is their email to me:
The attached link is to a 7 minute movie of our recent wedding in Queenstown NZ. The movie has been made with a political message for Australia in the wake of the recent High Court decision. Approximately 80 of our family and friends travelled to NZ to celebrate our marriage - injecting approximately $150,000.00 into their economy.

All agreed it was a beautiful location and welcoming environment, that said there was unanimous outrage that we were unable to hold this special event in our own country and that even now our marriage is not recognised in Australia.

http://www.youtube.com/watch?v=niJif5Ui3WQ&feature=youtu.be

We appreciate the Gay and Lesbian Rights Lobby are continuing to lobby Federal Government politicians for marriage equality in Australia. We would be happy for this video to be shared with who ever you think might be appropriate.

Warm regards,
Jacinta and Caz



 
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