Gay Marriage | New Mexico

New Mexico Republicans Filing Against County Clerk For Issuing Same-Sex Marriage Licenses

New Mexico is trying its hardest to resist the inevitability of legalized same-sex marriage in the state. Much like trying to drag an ill-tempered cat out from under the bed, progress is made inch by inch in a protracted struggle. Sometimes, though, the cat bites back.

SharerSeven counties in New Mexico have begun issuing same-sex marriage licenses: Doña Ana, Bernalillo, Santa Fe, Taos, San Miguel, Valencia, and now Grant. Most of these counties issued their licenses in response to orders from lower courts, but Doña Ana County Clerk Lynn Ellins began issuing licenses of his own motivation, stating that, 

After careful review of New Mexico's laws it is clear that the state's marriage statutes are gender neutral and do not expressly prohibit Doña Ana County from issuing marriage licenses to same-gender couples.

New Mexico Republicans take issue with Ellins' actions, and seven state GOP lawmakers have filed suit to stop him from issuing same-sex marriage licenses. Sen. William Sharer (pictured) of Farmington, one of the senators opposed to Ellins' actions, said that Ellins "should not be allowed to create law out of thin air.”

In addition to Sharer, the legislator plaintiffs are Rep. Jimmie Hall, R-Albuquerque, Rep. Dennis Roch, R-Texico, Rep. Yvette Herrell, R-Alamogordo, Sen. Steven Neville, R-Aztec, Rep. James Strickler, R-Farmington, Rep. David Gallegos, R-Eunice.

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Comments

  1. Haters gotta hate.

    Posted by: Ozu | Sep 4, 2013 12:22:02 PM


  2. Frivolous lawsuits just clog up the system.

    Posted by: Leroy Laflamme | Sep 4, 2013 12:30:08 PM


  3. Republican lawmakers spitting into the winds of change are in for a get wet surprise.

    Posted by: Joe | Sep 4, 2013 12:33:48 PM


  4. When history looks back on this era there will be video of GOP leaders standing much as George Wallace was pictured, blocking social progress and being seen ever after as complete assholes.

    Posted by: terry | Sep 4, 2013 1:18:14 PM


  5. "Sen. William Sharer [...] said that Ellins 'should not be allowed to create law out of thin air.'"

    There's no ban on same-sex marriage in New Mexico, so it's really Sen. Sharer who is creating law out of thin air at this point.

    Lacking an actual law to stand on, anti-equality clerks and the AG in NM have argued that same-sex marriages are prohibited in that state because the marriage license application form (which they write) has one line for the groom, and another for the bride. If that isn't creating law out of thin air, then what is?

    Posted by: Steven H | Sep 4, 2013 1:21:45 PM


  6. "Sen. William Sharer [...] said that Ellins 'should not be allowed to create law out of thin air.'"

    There's no ban on same-sex marriage in New Mexico, so it's really Sen. Sharer who is creating law out of thin air at this point.

    Lacking an actual law to stand on, anti-equality clerks and the AG in NM have argued that same-sex marriages are prohibited in that state because the marriage license application form (which they write) has one line for the groom, and another for the bride. If that isn't creating law out of thin air, then what is?

    Posted by: Steven H | Sep 4, 2013 1:21:46 PM


  7. I have a friend in NM who deals with weddings and he has had a SURGE the past few weeks as more and more people get hitched.

    Does NM really want to waste all those taxpayer dollars on the 100s of lawsuits that those couples would file should their marriages be invalidated.

    Can the senator point to any negative impact these nuptials have created

    Posted by: Homo Genius | Sep 4, 2013 1:47:53 PM


  8. Sen. William Sharer believes laws should only be created out of Republican hot air.

    Posted by: StevyD | Sep 4, 2013 1:53:02 PM


  9. We are the couple who's picture has been splashed all over the news including the New York Times yesterday. I was at the county clerk's office recording our marriage license today. It's official Mr. Sharer, "go ahead make my day!"

    Posted by: Anthony & Mark | Sep 4, 2013 2:07:15 PM


  10. forgive my bad grammar, should be "whose", he just makes me so mad!

    Posted by: Anthony & Mark | Sep 4, 2013 2:10:22 PM


  11. Sounds really desperate, because even if these haters get some court to halt things in this one county, what does that do, except create a pesky inconvenience for couples in that one county? Residents of New Mexico can apply for a license in any county they want to. In fact you don't even have to be a resident of the state. That's why civil-unioned couples from Colorado are coming over the border to get married in New Mexico. County borders don't mean much when it comes to marriage licenses and are basically for recordkeeping. All couples have to do is make sure to return the signed license to the same county clerk they got it from for proper recording.

    Posted by: Fox | Sep 4, 2013 6:58:38 PM


  12. To the person who spoke of the late George Wallace.

    Please remember that towards the end of his life he recanted and admitted that segregation was wrong.

    Posted by: Mark | Sep 4, 2013 7:20:16 PM


  13. I don't think NM is "trying its hardest to resist." Remember, NM is the only state in the union that did not pass DOMA, either as a law or constitutional amendment. I think most people in the state are fine with marriage equality, it's some of the people on the eastern side of the state (the side closest to Texas) plus a few other people around the state that have the issue. Overall, though, I don't think most people in NM mind if their gay neighbors or coworkers get married. To each, his (or her) own.

    Posted by: Will | Sep 5, 2013 1:19:56 AM


  14. The same thing is going on in PA. I'm sure that it's to force the issue and keep everything legit but I saw this kind of thing coming for a while. I'm sure that many states that don't allow these types of marriages will be jumping on board once one of these cases is settled.

    Posted by: Sasha | Sep 5, 2013 1:09:00 PM


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