• NM judge upholds county’s gay marriage ruling
     | September 05,2013

    Same-sex couples pack the Bernalillo County Clerk’s office in anticipation of obtaining a marriage license, Tuesday. Yesterday a judge in district court ruled in favor for gay couples to marry in Bernalillo County, New Mexico. Pictured are Ellen Grigsby, left, and her partner of 25 years Tracie Bartlett embracing after being married in a ceremony in downtown Albuquerque.

    LOS ALAMOS, N.M. — A northern New Mexico county became the eighth in the state on Wednesday to clear the way for same-sex couples to be married.

    The Los Alamos County clerk’s office issued a marriage license to a lesbian couple shortly after a state district judge upheld a decision requiring that to happen.

    Janet Newton and Maria Thibodeau were denied a license last week and filed a lawsuit that led to a ruling by District Court Judge Sheri Raphaelson that same-sex couples are entitled to be married in New Mexico.

    Los Alamos County Clerk Sharon Stover went to court Wednesday to defend her decision to deny the couple a license, but the judge ruled against the clerk.

    “Anytime two people get to exercise their freedom for their first time, that’s important. That’s what is important to our clients,” Brian Egolf, a Democratic state legislator and Santa Fe lawyer for the couple, said after the court hearing.

    The courts have become a battleground over gay marriage in New Mexico because the Democratic-controlled Legislature hasn’t resolved the issue. A proposal by Egolf for a constitutional amendment to legalize gay marriage failed in this year’s legislative session.

    Lawmakers previously have turned down measures to allow domestic partnerships for same-sex couples and to ban gay marriage.

    State law doesn’t explicitly prohibit or authorize gay marriage. State statutes contain references to “husband” and “wife,” and include a marriage license application that has sections for male and female applicants. Stover, a Republican, has said she relied on those provisions in denying a marriage license to the lesbian couple.

    Stover said after the court hearing that no decision has been made on whether to appeal Raphaelson’s decision, which could provide a way for the gay marriage dispute to be resolved by the state’s highest court. Rulings by district judges do not apply statewide unlike a decision by the New Mexico Supreme Court.

    Before Wednesday’s decision, six of the state’s 33 counties were issuing marriage licenses to same-sex couples and a seventh had announced plans to start granting licenses next week.

    The clerk in Dona Ana County, the state’s second most populous, led the way on Aug. 21 by acting independently — without a court order — to begin handing out marriage licenses to gay and lesbian couples. Since then, a series of lawsuits has been filed by gay rights advocates and two county clerks decided on their own to allow same-sex couples to be married. A group of Republican lawmakers have gone to court to try to stop the Dona Ana County clerk from continuing to grant licenses.

    In hopes of getting a uniform statewide ruling on gay marriage from the Supreme Court, an association representing county clerks statewide — Democrats and Republicans — plans to appeal an Albuquerque judge’s ruling last week that said it was unconstitutional to deny marriage licenses to same-sex couples.

    MORE IN Wire News
    BAGHDAD — Iraqi forces battled Islamic State militants for a third day on Tuesday in a remote... Full Story
    Iraqi forces fight far from Mosul
    SAN FRANCISCO — A federal judge approved the largest auto-scandal settlement in U.S. Full Story
    Anger still flares after judge OKs Volkswagen emissions deal
    WASHINGTON — Premiums will go up sharply next year under President Barack Obama’s health care... Full Story
    Obama health plan hit by double-digit premium hikes
    More Articles
    • VIDEOS
    • PHOTOS