December, 19 2013, 01:42pm EDT
For Immediate Release
Contact:
Robyn Shepherd, ACLU National, 212-519-7829 or 549-2666; media@aclu.org
Micah McCoy, ACLU of New Mexico, 505-266-5915 x1003 mmccoy@aclu-nm.org
Erik Olvera, National Center for Lesbian Rights, 415-365-1324; eolvera@nclrights.org
New Mexico Supreme Court Issues Landmark Marriage Equality Ruling for Same-Sex Couples
The New Mexico Supreme Court ruled today in a unanimous decision that the state constitution requires that same-sex couples must be treated equally under the law and have the same fundamental right to marry as other couples. The court ruled that the New Mexico Constitution require the state to allow same-sex couples to marry. The court ruled that county clerks must issue marriage licenses to otherwise qualified same-sex couples and that the state must respect the marriages of all same-sex couples, including those who married before today's decision.
SANTA FE, N.M.
The New Mexico Supreme Court ruled today in a unanimous decision that the state constitution requires that same-sex couples must be treated equally under the law and have the same fundamental right to marry as other couples. The court ruled that the New Mexico Constitution require the state to allow same-sex couples to marry. The court ruled that county clerks must issue marriage licenses to otherwise qualified same-sex couples and that the state must respect the marriages of all same-sex couples, including those who married before today's decision.
The plaintiff couples were represented by the American Civil Liberties Union, the ACLU of New Mexico, the National Center for Lesbian Rights (NCLR), the law firm of Sutin, Thayer & Browne APC, and New Mexico attorneys Maureen Sanders, N. Lynn Perls, and J. Kate Girard.
Writing for the court, Justice Edward Chavez said 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. 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 under New Mexico law."
"This truly is a historic and joyful day for New Mexico," said Laura Schauer Ives, ACLU-NM legal director. "As a state, we have always strived to treat all families with dignity and respect, and today's decision allowing loving, committed same sex couples to marry continues that tradition. The more than one-thousand same-sex couples who have already married in New Mexico can now rest certain knowing their marriages will be recognized and respected by our state."
The six couples who are plaintiffs in the case filed a lawsuit seeking the freedom to marry in March 2013. In late August, Judge Alan Malott of the Second Judicial District Court in Albuquerque ordered the county clerks of Bernalillo and Santa Fe counties to begin issuing marriage licenses to same-sex couples. All 33 New Mexico County Clerks then intervened in the lawsuit and filed a petition asking the New Mexico Supreme Court to provide a statewide ruling on whether same-sex couples can marry. The Supreme Court heard oral argument on October 23.
Before the Court's decision, county clerks in eight counties had begun issuing marriage licenses to same-sex couples, and hundreds of same-sex couples married in those counties over the past few months. Today's ruling clarifies that those marriages are valid and must be respected by the state.
"Today's decision by the New Mexico Supreme Court is a powerful affirmation that same-sex couples are equal members of New Mexico's diverse culture and must be given the same legal protections and respect as other families," said Shannon Minter, NCLR legal director. "With this ruling, New Mexico joins 15 other states, the District of Columbia, and at least seven Native American tribes that permit same-sex couples to marry. This is an important day, not only for New Mexico, but for the entire country."
"The past few years have seen an amazing show of support for the freedom to marry for all loving and committed couples," said Elizabeth Gill, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. "Today's victory in New Mexico brings us one step closer to the day when marriage equality is a reality nationwide."
More information on this case can be found at: www.aclu.org/lgbt-rights/griego-v-oliver
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Once Again, Tom Cotton Blocks Bill to Shield Journalists From Betraying Sources
Responding to the GOP senator's latest thwarting of the PRESS Act, Democratic Sen. Ron Wyden vowed to "keep trying to get this bill across the finish line" before Republicans take control of the Senate next month.
Dec 10, 2024
Republican U.S. Sen. Tom Cotton of Arkansas on Tuesday again blocked the passage of House-approved bipartisan legislation meant to shield journalists and telecommunications companies from being compelled to disclose sources and other information to federal authorities.
Sen. Ron Wyden (D-Ore.) brought the Protect Reporters from Exploitative State Spying (PRESS) Act—which would prohibit the federal government from forcing journalists and telecom companies to disclose certain information, with exceptions for terroristic or violent threats—for a unanimous consent vote.
Senate Majority Leader Chuck Schumer (D-N.Y.) argued Tuesday that passing the PRESS Act is "more important now than ever before when we've heard some in the previous administration talk about going after the press in one way or another," a reference to Republican President-elect Donald Trump's threats to jail journalists who refuse to reveal the sources of leaks. Trump, who has referred to the press as the "enemy of the people," repeatedly urged Senate Republicans to "kill this bill."
Cotton, who blocked a vote on the legislation in December 2022, again objected to the bill, a move that thwarted its speedy passage. The Republican called the legislation a "threat to national security" and "the biggest giveaway to the liberal press in American history."
The advocacy group Defending Rights and Dissent lamented that "Congress has abdicated their responsibility to take substantive steps to protect the constitutional right to a free press."
However, Seth Stern, director of advocacy at the Freedom of the Press Foundation, noted ways in which Senate Democrats can still pass the PRESS Act before Republicans gain control of the upper chamber next month:
Senate Democrats had all year to move this bipartisan bill and now time is running out. Leader Schumer needs to get the PRESS Act into law—whether by attaching it to a year-end legislative package or bringing it to the floor on its own—even if it means shortening lawmakers' holiday break. Hopefully, today was a preview of more meaningful action to come.
Responding to Tuesday's setback, Wyden vowed, "I'm not taking my foot off the gas."
"I'll keep trying to get this bill across the finish line to write much-needed protections for journalists and their sources into black letter law," he added.
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"We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement," said one advocate.
Dec 10, 2024
Antitrust advocates on Tuesday welcomed a pair of court rulings against the proposed merger of grocery giants Kroger and Albertsons, which was challenged by Federal Trade Commission Chair Lina Khan and multiple state attorneys general.
"The FTC, along with our state partners, scored a major victory for the American people, successfully blocking Kroger's acquisition of Albertsons," said Henry Liu, director of the commission's Bureau of Competition, in a statement. "This historic win protects millions of Americans across the country from higher prices for essential groceries—from milk, to bread, to eggs—ultimately allowing consumers to keep more money in their pockets."
"This victory has a direct, tangible impact on the lives of millions of Americans who shop at Kroger or Albertsons-owned grocery stores for their everyday needs, whether that's a Fry's in Arizona, a Vons in Southern California, or a Jewel-Osco in Illinois," he added. "This is also a victory for thousands of hardworking union employees, protecting their hard-earned paychecks by ensuring Kroger and Albertsons continue to compete for workers through higher wages, better benefits, and improved working conditions."
While Liu was celebrating the preliminary injunction from Oregon-based U.S. District Court Judge Adrienne Nelson, later Tuesday, King County Superior Court Judge Marshall Ferguson released a ruling that blocked the merger in Washington state.
"We're standing up to mega-monopolies to keep prices down," said Washington Attorney General Bob Ferguson. "We went to court to block this illegal merger to protect Washingtonians' struggling with high grocery prices and the workers whose jobs were at stake. This is an important victory for affordability, worker protections, and the rule of law."
Advocacy groups applauding the decisions also pointed to the high cost of groceries and the anticipated impact of Kroger buying Albertsons—a $24.6 billion deal first announced in October 2022.
"American families are the big winner today, thanks to the Federal Trade Commission. The only people who stood to gain from the potential merger between Albertsons and Kroger were their wealthy executives and investors," asserted Liz Zelnick of Accountable.US. "The rest of us are letting out a huge sigh of relief knowing today's victory is good news for competitive prices and consumer access."
Describing the federal decision as "a victory for commonsense antitrust enforcement that puts people ahead of corporations," Food & Water Watch senior food policy analyst Rebecca Wolf also pointed out that "persistently high food prices are hitting Americans hard, and a Kroger-Albertsons mega-merger would have only made it worse."
"Already, a handful of huge corporations' stranglehold on our food system means that consumers are paying too much for too little choice in supermarkets, workers are earning too little, and farmers and ranchers cannot get fair prices for their crops and livestock," she noted. "Today's decision and strengthened FTC merger guidelines help change the calculus."
Like Wolf, Farm Action president and co-founder Angela Huffman similarly highlighted that "while industry consolidation increases prices for consumers and harms workers, grocery mergers also have a devastating impact on farmers and ranchers."
"When grocery stores consolidate, farmers have even fewer options for where to sell their products, and the chances of them receiving a fair price for their goods are diminished further," Huffman explained. "Today's ruling is a win for farmers, workers, and consumers alike."
Some advocates specifically praised Khan—a progressive FTC chair whom President-elect Donald Trumpplans to replace with Andrew Ferguson, a current commissioner who previously worked as chief counsel to Senate Minority Leader Mitch McConnell (R-Ky.) and as Republican counsel on the Senate Judiciary Committee.
"Today's decision is a major win for shoppers and grocery workers. Families have been paying the price of unchecked corporate power in the food and grocery sector, and further consolidation would only worsen this crisis," declared Groundwork Collaborative executive director Lindsay Owens in a statement.
"FTC Chair Lina Khan's approach is the blueprint to deliver lower prices, higher wages, and an economy that works for everyone," Owens argued. "The rebirth of antitrust enforcement has protected consumers against the worst of corporate power in our economy and it would be wise to continue this approach."
Laurel Kilgour, research manager at the American Economic Liberties Project, called the federal ruling "a resounding victory for workers, consumers, independent retailers, and local communities nationwide—and a powerful validation of Chair Khan and the FTC's rigorous enforcement of the law."
"The FTC presented a strong case that Kroger and Albertsons fiercely compete head-to-head on price, quality, and service. The ruling is a capstone on the FTC's work over the past four years and includes favorable citations to the FTC's recent victories against the Tapestry-Capri, IQVIA-Propel, and Illumina-Grail mergers," Kilgour continued.
"The court also cites long-standing Supreme Court law which recognizes that Congress was also concerned with the impacts of mergers on smaller competitors," she added. "We applaud the FTC for securing one of the most significant victories in modern antitrust enforcement and for successfully protecting the public interest from harmful consolidation."
Despite the celebrations, the legal battle isn't necessarily over.
The Associated Pressreported that "the case may now move to the FTC, although Kroger and Albertsons have asked a different federal judge to block the in-house proceedings," and Colorado is also trying to halt the merger in state court.
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Trump Taps Anti-Trans Lawyer Harmeet Dhillon for Key Civil Rights Post
"Dhillon has focused her career on diminishing civil rights, rather than enforcing or protecting them," argued one critic.
Dec 10, 2024
LGBTQ+ and voting rights defenders were among those who sounded the alarm Tuesday over Republican President-elect Donald Trump's selection of a San Francisco attorney known for fighting against transgender rights and for leading a right-wing lawyers' group that took part in Trump's effort to overturn the 2020 presidential election to oversee the U.S. Department of Justice Civil Rights Division.
On Monday, Trump announced his nomination of Harmeet Dhillon to head the key civil rights office, claiming on his Truth Social network that the former California Republican Party vice-chair "has stood up consistently to protect our cherished Civil Liberties, including taking on Big Tech for censoring our Free Speech, representing Christians who were prevented from praying together during COVID, and suing corporations who use woke policies to discriminate against their workers."
"In her new role at the DOJ, Harmeet will be a tireless defender of our Constitutional Rights, and will enforce our Civil Rights and Election Laws FAIRLY and FIRMLY," Trump added.
However, prominent trans activist Erin Reed warned on her Substack that Dhillon's nomination—which requires Senate confirmation—"signals an alarming shift that could make life increasingly difficult for transgender people nationwide, including those who have sought refuge in blue states to escape anti-trans legislation."
Trump has picked Harmeet Dhillon as Assistant Attorney General for Civil Rights. She has stated that it must be "made unsafe" for hospitals to provide trans care, and frequently shares Libs of TikTok posts. She intends to target trans people in blue states. Subscribe to support my journalism.
[image or embed]
— Erin Reed (@erininthemorning.com) December 10, 2024 at 8:14 AM
Reed continued:
Dhillon's most prominent work includes founding the Center for American Liberty, a legal organization that focuses heavily on anti-transgender cases in blue states. The organization's "featured cases" section highlights several lawsuits, such as Chloe Cole's case against Kaiser Permanente; a lawsuit challenging a Colorado school's use of a transgender student's preferred name; a case against a California school district seeking to implement policies that would forcibly out transgender students; and a lawsuit against Vermont for denying a foster care license to a family unwilling to comply with nondiscrimination policies regarding transgender youth.
Reed also highlighted Dhillon's attacks on state laws protecting transgender people, as well as her expression of "extreme anti-trans views" on social media—including calling gender-affirming healthcare for trans children "child abuse."
Last year, The Guardian's Jason Wilson reported that the Center for American Liberty made a six-figure payment to a public relations firm that represented Dhillion in both "her capacity as head of her own for-profit law firm and Republican activist."
Writing for the voting rights platform Democracy Docket, Matt Cohen on Tuesday accused Dhillon of being "one of the leading legal figures working to roll back voting rights across the country."
"In the past few years, Dhillon—or an attorney from her law firm—has been involved in more than a dozen different lawsuits in Arizona, Colorado, Georgia, Maine, Michigan, North Carolina, Virginia, and Washington, D.C. challenging voting rights laws, redistricting, election processes, or Trump's efforts to appear on the ballot in the 2024 election," Cohen noted.
As Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, said in a statement Tuesday, "The Department of Justice's Civil Rights Division has the critical responsibility of enforcing our nation's federal civil rights laws and ensuring equal justice under the law on behalf of all of our communities."
"That means investigating police departments that have a pattern of police abuse, protecting the right to vote, and ensuring schools don't discriminate against children based on who they are," Wiley noted. "The nomination of Harmeet Dhillon to lead this critical civil rights office is yet another clear sign that this administration seeks to advance ideological viewpoints over the rights and protections that protect every person in this country."
"Dhillon has focused her career on diminishing civil rights, rather than enforcing or protecting them," she asserted. "Rather than fighting to expand voting access, she has worked to restrict it."
A staunch Trump loyalist, Dhillon has also embraced conspiracy theories including the former president's "Big Lie" that the 2020 presidential election was stolen, and has accused Democrats of "conspiring to commit the biggest election interference fraud in world history."
She was co-chair of the Republican National Lawyers Association when it launched Lawyers for Trump, a group that urged the U.S. Supreme Court to intervene on behalf of the former president after he lost the 2020 election.
Cohen also highlighted Dhillon's ties to right-wing legal activist and Federalist Society co-chair Leonard Leo, described by Sen. Sheldon Whitehouse (D-R.I.) as a "lawless con man and crook" for his refusal to comply with a Senate subpoena and his organization of lavish gifts to conservative U.S. Supreme Court justices.
"We need a leader at the Civil Rights Division who understands that civil rights protections are not partisan or political positions open to the ideological whims of those who seek to elevate a single religion or to protect political allies or particular groups over others," Wiley stressed. "We need a leader who will vigorously enforce our civil rights laws and work to protect the rights of all of our communities—including in voting, education, employment, housing, and public accommodations—without fear or favor."
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