Gay Marriage Legal in New Mexico
New Mexico became the 17th state in the United States to legalize same-sex marriage on December 19, 2013. New Mexico's Supreme Court in a unanimous decision ruled it is unconstitutional to deny marriage licenses to gay and lesbian couples in that state. The state's highest court unanimously ruled that denying committed same-sex couples the right to marry violated the Equal Protection clause of the New Mexico constitution.
From The Advocate: The court rejected the argument presented by marriage equality opponents that the state had a legitimate governmental interest in "responsible procreation and childrearing," declaring that supposed interest "is not reflected in the history of the development of New Mexico's marriage laws. Procreation has never been a condition of marriage under New Mexico law, as evidenced by the fact that the aged, the infertile, and those who choose not to have children are not precluded from marrying. In addition, New Mexico law recognizes the right of same-gender couples to raise children."
Justice Edward L. Chavez, speaking for the court said in the ruling, "New Mexico may neither constitutionally deny same-gender couples the right to marry nor deprive them of the rights, protections and responsibilities of marriage laws, unless the proponents of the legislation — the opponents of same-gender marriage — prove that the discrimination caused by the legislation is 'substantially related to an important government interest."
Earlier this year, eight counties in New Mexico began issuing marriage licenses. Couples who were married during that time are now legally married in the state. County officials asked the high court to clarify the law and establish a uniform state policy on gay marriage. This ruling is a result of that.
National Center for Lesbian Rights legal director Shannon Minter said, “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. With this ruling, New Mexico joins 16 other states, the District of Columbia, and at least eight 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.”
Comedian Dana Goldberg, a New Mexico native posted this on her Facebook page, "Incredibly proud to be a New Mexican! Well done Land Of Enchantment!!"
Sources: The Advocate magazine, NBC news
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