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New Mexico Fully Legalizes Same-Sex Marriage
December 19, 2013 12:43 PM   Subscribe

Following the state Supreme Court's decision in Griego v. Oliver [pdf], New Mexico has become the 17th U.S. state to legalize same-sex marriage.

The plaintiff couples were represented by, among others, the American Civil Liberties Union (press release) and the National Center for Lesbian Rights (NCLR page about the case).
posted by jedicus (59 comments total) 14 users marked this as a favorite

 
Yay!
posted by _paegan_ at 12:44 PM on December 19, 2013 [1 favorite]


Huzzah, huzzah. (And big congrats to ACLU & NCLR) We are now coming to the point where I have to stop and think of the list of marriage equality states. Which is a good thing.
posted by roomthreeseventeen at 12:54 PM on December 19, 2013 [4 favorites]


Congratulations and thanks to the plaintiffs, the ACLU and the NCLR.
posted by Blazecock Pileon at 12:55 PM on December 19, 2013


wait, there's a NEW mexico?
posted by chasles at 12:56 PM on December 19, 2013 [4 favorites]


and with that out of the way, congratulations to the people who have won their fight and the people they won it for.
posted by chasles at 12:57 PM on December 19, 2013 [2 favorites]


I look forward to a day when this kind of news is so commonplace it doesn't even merit a FPP. I think that day is soon.
posted by gwint at 12:57 PM on December 19, 2013 [8 favorites]


\o/
posted by edgeways at 12:57 PM on December 19, 2013


I guess we know where Duck Dynasty II isn't being filmed.
posted by DigDoug at 12:59 PM on December 19, 2013 [5 favorites]


It seems like there's a new one of these every month. So fucking exciting.
posted by Rory Marinich at 12:59 PM on December 19, 2013 [3 favorites]


I HOPE YOU LIKE TURQUOISE
posted by The Whelk at 1:00 PM on December 19, 2013 [16 favorites]


Well, yay!!! :-)
posted by Elly Vortex at 1:01 PM on December 19, 2013


Yay! So happy about this, you go, NM!
posted by annsunny at 1:02 PM on December 19, 2013


It's frustrating that we went from first in the nation to 17th, but I'm so so proud we did it. The whole ruling is online, and it's beautiful. Full non-PDF ruling.
posted by stoneweaver at 1:05 PM on December 19, 2013


Discussed previously, when it was just being done by a few county clerks, then the state's Attorney General said he wouldn't stop it (and he's running for governor, BTW), then a District Court judge ordered Santa Fe County to begin issuing licenses to same sex couples.


Rory Marinich: It seems like there's a new one of these every month. So fucking exciting.

To help y'all keep track of these threads, here's the MeFi Wiki list of Marriage Equality threads.


chasles: wait, there's a NEW mexico?

This bumpersticker might help clarify the situation.
posted by filthy light thief at 1:06 PM on December 19, 2013 [5 favorites]


"We hold that the State of New Mexico is constitutionally required to allow same-gender couples to marry and must extend to them the right."
posted by stoneweaver at 1:06 PM on December 19, 2013


I look forward to a day when this kind of news is so commonplace it doesn't even merit a FPP. I think that day is soon.

I agree on the first statement but only sort of agree on the second. The list of states where same-sex marriage could be legalized with something less than a constitutional amendment or US Supreme Court decision is getting pretty short. There are basically only four at this point: Wyoming, Indiana, Pennsylvania, and West Virginia. Political reality is such that those four may be slow in coming. And after that, I don't know. Maybe in an election cycle or two the Democrats can turn pro-marriage amendments into a wedge issue.
posted by jedicus at 1:06 PM on December 19, 2013 [4 favorites]


The day when this is no longer news is the day that Antonin Scalia's head explodes a'la Scanners. I think I speak for all enlightened individuals when I say: bring on the popcorn.
posted by petrilli at 1:12 PM on December 19, 2013 [1 favorite]


wait, there's a NEW mexico?

As in "New to me" i.e. it's a little used, but in pretty good shape, overall. The mountains are still good & sharp and the rivers run great.
posted by Devils Rancher at 1:13 PM on December 19, 2013 [8 favorites]


How recently was it that anti-marriage advocates said that we knew that the American public didn't gay marriage because no states allowed it? I wonder what those people are saying these days. Moles: good model for spying, bad model for foresight.
posted by 1adam12 at 1:14 PM on December 19, 2013


I look forward to a day when this kind of news is so commonplace it doesn't even merit a FPP. I think that day is soon.

Every time this happens, thousands of people are suddenly recognized by their state of residence as first-class citizens deserving of equal protection under the law. It might seem unremarkable to go from 16 to 17 on a list, from 17 to 18, 18 to 19 - but for the individuals whose rights are finally acknowledged, until that change is made, victories elsewhere don't matter at all to them. I, for one, intend to celebrate and proclaim each and every state that joins the march toward equality until the entire United States recognizes gay & lesbian Americans as first-class citizens.
posted by Tomorrowful at 1:16 PM on December 19, 2013 [19 favorites]


yaaaay
posted by So You're Saying These Are Pants? at 1:25 PM on December 19, 2013


States that have legalized gay marriage are, for me, the states I want to visit, vacation at and otherwise support. While there's certainly a ways to go, it's nice to see the number of states with legalized gay marriage growing.
posted by stubbehtail at 1:25 PM on December 19, 2013 [2 favorites]


jedicus: I look forward to a day when this kind of news is so commonplace it doesn't even merit a FPP. I think that day is soon.

I'm more pessimistic on this - homophobia and religion still drive discussions on same-sex rights in many places. Here's a Gallup poll from July, 2013, which is exciting in its headline ("In U.S., 52% Back Law to Legalize Gay Marriage in 50 States"), but scroll down through the break-down of percentage support, and you'll see there's still a significant way to go. There is less than 50% support in 7 of the 24 categories. I know those categories reflect different percentages of the nation, but only 30% of self-identifying Republicans and conservatives (two different categories) would support same sex marriage in 50 states.
posted by filthy light thief at 1:33 PM on December 19, 2013 [2 favorites]


- wait, there's a NEW mexico?

- As in "New to me" i.e. it's a little used, but in pretty good shape, overall. The mountains are still good & sharp and the rivers run great.


Not bad, considering that it's been "new" since 1563.
posted by filthy light thief at 1:35 PM on December 19, 2013 [4 favorites]


How recently was it that anti-marriage advocates said that we knew that the American public didn't gay marriage because no states allowed it?

I believe the argument was not that states didn't allow it, but that whenever states put it up to a vote, the voters rejected it.
posted by one_bean at 1:48 PM on December 19, 2013 [1 favorite]


the rivers run great
Let's not get carried away here. The Rio Grande carried water through Las Cruces for 44 days this year, from June 3rd to July 18th.
posted by Killick at 1:52 PM on December 19, 2013


Here's a handy, short guide to the change:

by Court Decision
California* (June 28, 2013), Connecticut (Nov. 12, 2008), Iowa (Apr. 24, 2009), Massachusetts (May 17, 2004), New Jersey (Oct. 21, 2013), New Mexico (Dec. 19, 2013)

by State Legislature
Delaware (July 1, 2013), Hawaii (Dec. 2, 2013), Illinois (law will take effect June 1, 2014), Minnesota (Aug. 1, 2013), New Hampshire (Jan. 1, 2010), New York (July 24, 2011), Rhode Island (Aug. 1, 2013), Vermont (Sep. 1, 2009)

by Popular Vote
Maine (Dec. 29, 2012), Maryland (Jan. 1, 2013), Washington (Dec. 9, 2012)

Washington, DC legalized same-sex marriage on Mar. 3, 2010.


*On Feb. 7, 2012 the Ninth Circuit Court of Appeals affirmed that California’s anti-gay marriage initiative known as Proposition 8 was unconstitutional. That case was appealed to the US Supreme Court. On June 26, 2013, in a 5-4 decision, the Supreme Court ruled that defenders of Proposition 8 lacked "standing" to represent the case. As a result, the Ninth Circuit Court of Appeals lifted its stay blocking same-sex marriages on June 28, 2013.
posted by Muddler at 1:52 PM on December 19, 2013 [1 favorite]


Congrats, New Mexico!!!

And, still, brave Indiana stands firm. Guardian of the 19th century.
posted by Thorzdad at 1:58 PM on December 19, 2013


Remember when an off-the cuff Simpson's reference wouldn't need any explanation? I weep for our children...
posted by mikelieman at 2:07 PM on December 19, 2013 [3 favorites]


On a kind of related note, here's a bad news/silver lining type story from Seattle today: Eastside Catholic fired its vice principal when he married his male partner. I took heart at what the paper at least represented as a large contingent (by one account, the whole school) of protesting students and faculty chanting things like "Change the Church!" Which, that's really indicative of the way things are going, at least in Seattle and that part of the story makes me feel hopeful.
posted by MoonOrb at 2:13 PM on December 19, 2013 [1 favorite]


So awesome. And yet, just over the border, on either side...
posted by RedOrGreen at 2:48 PM on December 19, 2013 [1 favorite]


Go New Mexico! I LOVE hearing news like this.

And seriously, WTF is wrong with you Indiana. You act like you're Ohio or something.
posted by caution live frogs at 2:49 PM on December 19, 2013


And, still, brave Indiana stands firm. Guardian of the 19th century.

Well, we got on Daylight Saving Time in 2006, so I'm hoping we're still merely 40 years behind the rest of the country.
posted by DevilsAdvocate at 3:14 PM on December 19, 2013


The day when this is no longer news is the day that Antonin Scalia's head explodes

He pretty clearly foresaw all this, as he noted in his dissents in Romer and Lawrence.
posted by jpe at 3:24 PM on December 19, 2013


good result and all, but sort of bananas reasoning. the court proclaims that the fact that NM passed a law prohibiting discrimination based on sexual orientation is actually proof of a lack of political power because they wouldn't have needed the law if they had political power.

well, ok then.
posted by jpe at 3:34 PM on December 19, 2013


First New England, now New Mexico.
posted by Pruitt-Igoe at 3:36 PM on December 19, 2013


This all started with the county clerk which contains my hometown. I feel oddly proud about that.

States that have legalized gay marriage are, for me, the states I want to visit, vacation at and otherwise support.

There is a ridiculous amount of awesome to see in NM, and I highly recommend vacationing there. Carlsbad Caverns National Park, White Sands National Monument, Bandelier National Monument, other cliff dwellings, giant stretches of national forest wilderness area, the Very Large Array radio telescope (where bits of Contact was filmed), Sunspot Solar Observatory, various Native American pueblos and reservations, Bosque del Apache Bird Reservation, mexican food that centers around green (not red) chile....

That's just off the top of my head. There's so much more!

Just realize -- NM is the 5th largest state by land area, so there's a lot of miles between all these things. Miles and miles of majestic high desert most of which have mountains in the background to marvel at.
posted by hippybear at 3:53 PM on December 19, 2013 [5 favorites]


!
posted by Jacqueline at 4:15 PM on December 19, 2013


Pre-Owned Mexico
Gently-Used Mexico
posted by kirkaracha at 4:59 PM on December 19, 2013 [1 favorite]


All Mexico, old and new, was pre-owned. Just ask the indigenous peoples!
posted by hippybear at 5:11 PM on December 19, 2013 [3 favorites]


And seriously, WTF is wrong with you Indiana. You act like you're Ohio or something.

Have you been there? the town where my dad lived for a while (Seymour) had a giant cross in the middle of town with a memorial to aborted babies on it and it wasn't out of place
posted by Dr. Twist at 8:26 PM on December 19, 2013


Well, we got on Daylight Saving Time in 2006, so I'm hoping we're still merely 40 years behind the rest of the country.

Gave in to peer pressure right before everyone else drops it. How embarrassing.
posted by bongo_x at 10:26 PM on December 19, 2013


Well, my plan to boost tourism to Minnesota by convincing same sex couples to have weddings here in February keeps getting less and less feasible.
posted by Area Man at 6:09 AM on December 20, 2013


While that Duck Dynasty guy was talking crap about gay people, New Mexico legalized gay marriage. Go ahead and keep talking, dude, you're losing anyway.
posted by Legomancer at 6:14 AM on December 20, 2013 [1 favorite]


Yesterday it was announced that enough signatures have been collected to put Marriage Equality on the ballot next November.
posted by Mick at 8:06 AM on December 20, 2013


On the ballot where?
posted by beagle at 8:50 AM on December 20, 2013


I think Mick is talking about Ohio?

At any rate - lots and lots of happy celebrating people here last night. It was like cold pride. Yay marriage! But let's not forget that people deserve healthcare and housing and services even without a magic piece of legal paper. The fight isn't over - not by a long shot. We've asked so many people to wait their turn, and now - at least in NM - it is definitely their turn. Let's keep moving!
posted by stoneweaver at 9:05 AM on December 20, 2013


This may end up being deserving of its own thread, but love is breaking out all over west of the Mississippi this week:

Federal judge strikes down Utah’s ban on same-sex marriage

posted by MCMikeNamara at 1:15 PM on December 20, 2013 [3 favorites]


And the logic is that a ban on same-sex marriage violates the Equal Protection guarantee of the U.S. Constitution. If upheld on appeal, that ruling would require same-sex marriage recognition everywhere.
posted by Holy Zarquon's Singing Fish at 1:27 PM on December 20, 2013


Holy Zarquon's Singing Fish, I have not read the Utah ruling yet, but I believe it's a due process ruling and not Equal Protection.
posted by roomthreeseventeen at 1:30 PM on December 20, 2013


C: All of the above.

"Applying the law as it is required to do, the court holds that Utah’s prohibition on same sex marriage conflicts with the United States Constitution’s guarantees of equal protection and due process under the law."
posted by Holy Zarquon's Singing Fish at 1:30 PM on December 20, 2013


Do you have a link to the PDF?
posted by roomthreeseventeen at 1:31 PM on December 20, 2013


I'm reading from this one. On reflection, though, I'm not entirely sure it'll work for everyone - I have a PACER account I'm logged into so if it's walled off that way I wouldn't be able to tell.
posted by Holy Zarquon's Singing Fish at 1:33 PM on December 20, 2013 [2 favorites]


Thank you!
posted by roomthreeseventeen at 1:38 PM on December 20, 2013


Holy fucking shit. That's enormous. Will be interesting to see what the Tenth Circuit does.
posted by MoonOrb at 1:56 PM on December 20, 2013


The court hereby declares that Amendment 3 is unconstitutional because it denies the Plaintiffs their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution. The court hereby enjoins the State from enforcing Sections 30-1-2 and 30-1-4.1 of the Utah Code and Article I, § 29 of the Utah Constitution to the extent these laws prohibit a person from marrying another person of the same sex.
posted by MoonOrb at 2:00 PM on December 20, 2013


Thank you, Holy Zarquon's Singing Fish !

I like reading these decisions because they really do encapsulate and present a non-trivial issue in perhaps the most rational, coherent way.

It's like the opposite of Teh Internets.
posted by mikelieman at 2:01 PM on December 20, 2013


As far as I can tell this is by far the most sweeping ruling to date. This is always the rationale that seemed to make the most sense: the laws outlawing marriage equality are based on prejudice; prejudice cannot be a rational basis for a law, even if it is the will of the majority.
posted by MoonOrb at 2:03 PM on December 20, 2013


Here's the Utah thread, if anyone missed it.
posted by filthy light thief at 2:30 PM on December 20, 2013


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