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
Biden Commutes 1,500 Sentences and Issues 39 Pardons—But Leaves 40 People on Death Row
"State-sanctioned murder is not justice, and President Biden has an opportunity and an obligation to save lives," Democratic Rep. Ayanna Pressley said earlier this week.
Dec 12, 2024
U.S. President Joe Biden on Thursday announced that he is commuting the sentences of nearly 1,500 Americans and pardoning 39 people convicted of nonviolent crimes, a move the White House described as "the largest single-day grant of clemency in modern history."
But the president's sweeping use of his clemency power as his term nears its conclusion did not appear to extend to any of the 40 men currently on death row—some of whom have been there for decades.
According to a White House fact sheet, those who received commutations "have been serving their sentences at home for at least one year under the Covid-era CARES Act," a law that extended the amount of time in which people could be placed in home confinement to reduce the spread of the virus in prisons.
The White House did not name those who received pardons or commutations but said the list includes a "decorated military veteran," a "nurse who has led emergency response for several natural disasters," and "an addiction counselor who volunteers his time to help young people find their purpose."
The Biden Justice Department paused federal executions in 2021, but President-elect Donald Trump pledged on the campaign trail to expand the use of the death penalty and is expected to allow the executions of the 40 men on death row to take place if they're still there when he takes office next month.
In a statement on Thursday, Biden said that he has "the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for non-violent offenders, especially those convicted of drug offenses."
"That is why, today, I am pardoning 39 people who have shown successful rehabilitation and have shown commitment to making their communities stronger and safer," the president said. "I am also commuting the sentences of nearly 1,500 people who are serving long prison sentences—many of whom would receive lower sentences if charged under today’s laws, policies, and practices. These commutation recipients, who were placed on home confinement during the Covid pandemic, have successfully reintegrated into their families and communities and have shown that they deserve a second chance."
Biden, who campaigned on ending the death penalty at the federal level, vowed to "take more steps in the weeks ahead" as his administration reviews clemency petitions, leaving open the possibility of commutations for death row prisoners.
But he's running out of time, human rights organizations, religious leaders, former federal judges, and progressive lawmakers have warned in recent days as they've ramped up pressure on Biden to act.
"State-sanctioned murder is not justice, and President Biden has an opportunity and an obligation to save lives and make good on his campaign promise to address the federal death penalty before leaving office," Rep. Ayanna Pressley (D-Mass.) said at a press conference earlier this week. "With the incoming administration planning to execute the 40 individuals on death row, we're calling on the president to use his clemency authority to commute their death sentences and resentence them to a prison term."
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Despite the Pentagon's repeated failures to pass audits and various alarming policies, 81 Democrats in the U.S. House of Representatives voted with 200 Republicans on Wednesday to advance a $883.7 billion annual defense package.
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The push to pass the NDAA comes as this congressional session winds down and after the U.S. Department of Defense (DOD) announced last month that it had failed yet another audit—which several lawmakers highlighted after the Wednesday vote.
Reps. Mark Pocan (D-Wis.) and Barbara Lee (D-Calif.), co-chairs and co-founders of the Defense Spending Reduction Caucus, said in a joint statement, "Time and time again, Congress seems to be able to find the funds necessary to line the pockets of defense contractors while neglecting the problems everyday Americans face here at home."
"Instead of fighting the rising cost of healthcare, gas, or groceries, this Congress prioritized rewarding the wealthy and well-connected military-industrial complex with even more unaccountable funds," they continued. "After a seventh failed audit in a row, it's disappointing that our amendment to hold the Pentagon accountable by penalizing the DOD's budget by 0.5% for each failed audit was stripped out of the final bill. It's time Congress demanded accountability from the Pentagon."
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Several of the 124 House Democrats who voted against the NDAA cited those "culture war" policies, in addition to concerns about how the Pentagon spends massive amounts of money that could go toward improving lives across the country.
"Once again, Congress has passed a massive military authorization bill that prioritizes endless military spending over the critical needs of American families. This year's NDAA designates $900 billion for military spending," said Rep. Ilhan Omar (D-Minn.), noting the audit failures. "While I recognize the long-overdue 14.5% raise for our lowest-ranking enlisted personnel is important, this bill remains flawed. The bloated military budget continues to take away crucial funding from programs that could help millions of Americans struggling to make ends meet."
Taking aim at the GOP's push to deny gender-affirming care through TRICARE, the congresswoman said that "I cannot support a bill that continues unnecessary military spending while also attacking the rights and healthcare of transgender youth, and for that reason, I voted NO."
As Omar, a leading critic of the U.S.-backed Israeli assault on the Gaza Strip, also pointed out: "The NDAA includes a provision that blocks the Pentagon from using data on casualties and deaths from the Gaza Ministry of Health or any sources relying on those statistics. This is an alarming erasure of the suffering of the Palestinian people, ignoring the human toll of ongoing violence."
Israel—which receives billions of dollars in annual armed aid from the United States—faces a genocide case at the International Court of Justice and the International Criminal Court last month issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant. The NDAA includes over $627 million in provisions for Israel.
Congresswoman Delia Ramirez (D-Ill.), who voted against the NDAA, directed attention to U.S. President-elect Donald Trump's proposed Department of Government Efficiency (DOGE), set to be run by billionaires Elon Musk and Vivek Ramaswamy.
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The General Assembly also voted 159-9 with 11 abstentions in favor of a resolution supporting UNRWA.
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Following yet another United States veto of a United Nations Security Council resolution calling for a cessation of hostilities in Gaza, members of the U.N. General Assembly voted overwhelmingly Wednesday in favor of an "immediate, unconditional, and permanent cease-fire" in the Palestinian enclave, where Israeli forces continued relentless attacks that killed dozens more Palestinians, including numerous children.
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"At a time when Hamas is feeling isolated due to the cease-fire in Lebanon, the draft resolution on a cease-fire in Gaza risks sending a dangerous message to Hamas that there's no need to negotiate or release the hostages," Robert Wood, the United States' deputy U.N. ambassador, said ahead of Wednesday's vote.
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In a separate vote Wednesday, 159 UNGA members voted in favor of a resolution affirming the body's "full support" for the United Nations Relief and Works Agency for Palestine Refugees in the Near East. UNRWA has been the target of diplomatic and financial attacks by Israel and its backers—who have baselessly accused the lifesaving organization of being a terrorist group—and literal attacks by Israeli forces, who have killed more than 250 of the agency's personnel.
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toldThe Associated Press.
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