Today, 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 other New Mexico attorneys filed a brief with the New Mexico State Supreme Court on behalf of six couples seeking the freedom to marry for all same-sex couples in New Mexico.
The brief was requested by the NM Supreme Court in response to a petition filed by 33 New Mexico County Clerks asking the court to issue a state-wide, binding resolution on the legality of same-sex marriage.
Arguments are set for October 23.
Said Laura Schauer Ives, ACLU-NM legal director, via press release:
"Every New Mexico court that has considered our claims has agreed that it is unconstitutional to deny marriage to loving, committed same-sex couples. We are hopeful that the New Mexico Supreme Court will agree that same-sex couples in our communities deserve full respect and recognition of their relationships, and issue a writ to resolve all claims on constitutional grounds."
Added Shannon Minter, NCLR legal director:
"We agree with the 33 county clerks who say New Mexico families need certainty. New Mexico lacks a state-wide, binding resolution on the question of whether same-sex couples can marry. The more than 1,000 same-sex couples who have legally married in New Mexico over the past several weeks need to know that their marriages are valid and respected."
Added Elizabeth Gill, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project: "In recent years we have seen an astounding wave of support for the freedom to marry nationwide. It is time for New Mexico to join the growing list of states that recognize marriage equality for all loving and committed couples."