NM Court Hears Arguments In Marriage Equality Case

New Mexico is an unusual state in that the law there doesn’t explicitly ban same-sex marriages and individual county clerks can pretty much decide whether to issue marriage licenses to same-sex couples. So far, eight counties allow same-sex couples to marry, with about 1,500 couples applying for marriage licenses. But it’s not entirely clear on a state-wide level just how legal marriage equality is.

To put an end to the confusion,the state Supreme Court heard arguments Wednesday to settle the matter once and for all. Lawyer Daniel Ivey-Soto, who represents the state’s county clerks, said his clients “are truly struggling with this issue on a daily basis.”

While it’s always dangerous to predict outcomes on the basis of questions that the justices ask, the toughest questions were reserved for James Campbell, the attorney who is representing the Republican legislators opposed to marriage equality. In particular, Campbell’s argument that marriage was about procreation didn’t cut it with at least one justice. “Marriage is much more than a vehicle for natural procreation,” Justice Richard Bosson told Campell. Bosson also noted that the state doesn’t inquire into the baby-making plans of heterosexual couples.

Republicans legislators say that a court ruling against them won’t stop them. They intend to bring the issue up as a ballot measure. “No matter what their decision is the issue will not be settled until the people speak,” state Rep. William Sharer said after the hearing. Probably not even then.


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  • Icebloo

    Typical. They refused to make a decision today. Pussies. No wonder the U.S. is so far behind the rest of the world with everything – our politicians are all scared, weak pussies !

    NO MORE states should be asking for any kind of assessment of gay marriage – they have all been done before in the other states that have passed gay marriage. They need to stop being so weak and make the decision !

  • tricky ricky

    if the court rules in favor of gay marriage then the anti-gay marriage amendment will be unconstitutional under the law and tossed in federal court. you can’t take away a right people already enjoy. that was the entire point of the prop 8 trial. one of the things mentioned during the hearing was the legislatures failure to act on this issue and give gays the right to marry despite the percentage of people in favor of it. the judges questions sank all of the anti-gay reasoning and arguments for denying gays the right to marry.

  • tricky ricky

    @Icebloo: I am so sick and tired of people like you who want everything now. when I was born in 1958 it was illegal for gays to meet in groups of 2 OR MORE. gays could be shipped off to mental health facilities and lobotomized for being gay in the 1960’s! all gay rights have been won in the courts and it is perfectly acceptable for these judges to go through the same procedure they go through with every case and deliver a written opinion.

  • DarkZephyr

    @tricky ricky: But if we didn’t demand our rights and fight for them, we WOULDN’T be getting them.

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