WATCH: Could Prop. 8 Come Back From the Dead In New Mexico?

We’re still basking in the glow of victory, following the sudden marriage equality wins in Utah and New Mexico.

But maybe we shouldn’t be celebrating — our opponents aren’t out of tricks yet.

In New Mexico, they’re talking about a constitutional amendment to take away marriage. That’s right, it’s Proposition 8 all over again: one minute we have it, the next minute we don’t. Could they be successful? Sure. Polling data in NM are limited, but indicate that public opinion may be close to where it was in California in 2008. Of course, the legal landscape is vastly different now. And even though NM is in the 10th circuit, instead of the 9th, the overturning of Prop. 8 looms over our opponents’ work.

And in Utah, the state is scrambling to respond to our amazing victory. For some crazy reason, they didn’t request a stay on the marriages until after they started, so now they’re running to every court they can find to try to stop the weddings. So far they’ve been unsuccessful, but they could still find a receptive ear.

But there’s plenty of good news this week as well: progress in Ohio, Oregon, Florida and Arkansas. We’re not out of the woods yet, but we’re getting closer with every step.

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  • zaneymcbanes

    My first thought was that if a constitutional amendment were to pass, it might not do much considering the Perry case (it’s unconstitutional to take away a right after it has been present in a state), but the Supreme Court never actually decided that question because they said the defense in the Prop 8 case didn’t have standing to argue the case. I guess it all depends on how the state goes about defending it.

  • tricky ricky

    a right once granted cannot be taken away. that was the entire point of the prop 8 trial. it would be deemed unconstitutional

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  • viciouslies

    @tricky ricky: That decision was vacated by the Supreme Court when they decided that the proponents of Prop 8 didn’t have standing to appeal (and never would have applied to New Mexico anyway, as it’s in the Tenth Circuit, not the Ninth). And Walker’s ruling only applies to Prop 8 specifically.

    There is no decision that would prevent a Prop 8 style constitutional amendment from passing in New Mexico. If it passed, they would have to challenge it from the beginning all over again.

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