This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/world/2013/mar/20/santa-fe-new-mexico-gay-marriage
The article has changed 8 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Santa Fe mayor asks New Mexico to grant marriage licenses to gay couples | Santa Fe mayor asks New Mexico to grant marriage licenses to gay couples |
| (17 days later) | |
| The mayor of Santa Fe has called on New Mexico's county clerks to begin issuing marriage licences to same-sex couples, after releasing a legal memo asserting it is already legal in the state. | The mayor of Santa Fe has called on New Mexico's county clerks to begin issuing marriage licences to same-sex couples, after releasing a legal memo asserting it is already legal in the state. |
| David Coss, the city's Democratic mayor, told the Guardian it was time to "move forward" on the issue. | David Coss, the city's Democratic mayor, told the Guardian it was time to "move forward" on the issue. |
| New Mexico is one of three states, the others being New Jersey and Rhode Island, that doesn't include gender in its definition of marriage, according to the National Conference of State Legislatures (NCSL). | New Mexico is one of three states, the others being New Jersey and Rhode Island, that doesn't include gender in its definition of marriage, according to the National Conference of State Legislatures (NCSL). |
| The memo, written by Geno Zamora, the Santa Fe City attorney, is set to be voted on by the council next week. | The memo, written by Geno Zamora, the Santa Fe City attorney, is set to be voted on by the council next week. |
| Zamora's interpretation of the law has precedent – the same arguments were used in 2004 by the then-county clerk in Sandoval, Victoria Dunlap, to issue marriage licences to 64 couples, before the state attorney ruled they were not valid. | Zamora's interpretation of the law has precedent – the same arguments were used in 2004 by the then-county clerk in Sandoval, Victoria Dunlap, to issue marriage licences to 64 couples, before the state attorney ruled they were not valid. |
| "Santa Fe is a city of respect, acceptance, and diversity that embraces all of our residents," said Coss. "I sponsored this resolution because all loving, committed couples should have the right to marry regardless of their sexual orientation." | "Santa Fe is a city of respect, acceptance, and diversity that embraces all of our residents," said Coss. "I sponsored this resolution because all loving, committed couples should have the right to marry regardless of their sexual orientation." |
| He told the Guardian that, since Tuesday, when he issued the memo, he has had hundreds of emails of support from same-sex couples who have been together up to 25 years. "My question to the courts and to the legislature is, how long are they going to have to wait?" | He told the Guardian that, since Tuesday, when he issued the memo, he has had hundreds of emails of support from same-sex couples who have been together up to 25 years. "My question to the courts and to the legislature is, how long are they going to have to wait?" |
| Coss, whose daughter is a lesbian, said he would like to "walk her down the aisle some day." | Coss, whose daughter is a lesbian, said he would like to "walk her down the aisle some day." |
| He said Santa Fe already recognises same-sex marriage in other jurisdictions under an opinion by Attorney General Gary King. | He said Santa Fe already recognises same-sex marriage in other jurisdictions under an opinion by Attorney General Gary King. |
| "My constituents have to go to New York to obtain equal rights in Santa Fe? It doesn't make sense" he said. | "My constituents have to go to New York to obtain equal rights in Santa Fe? It doesn't make sense" he said. |
| He said he wanted to send a message to the Supreme Court, which is due to hear oral arguments in two landmark legal challenges next week. One opposes the Defense of Marriage Act, a federal law defining marriage as between one man and one woman, the other challenges Prop 8, a Californian law banning gay marriage. | He said he wanted to send a message to the Supreme Court, which is due to hear oral arguments in two landmark legal challenges next week. One opposes the Defense of Marriage Act, a federal law defining marriage as between one man and one woman, the other challenges Prop 8, a Californian law banning gay marriage. |
| Coss, a wildlife biologist by profession, accepted that the legal memo had no legal authority, but said he expected the resolution and opinion will go before the district court and then to the New Mexico supreme court for a final decision. He said that, if the Supreme Court agrees, New Mexico could be the 10th state to recognise same-sex marriage. | Coss, a wildlife biologist by profession, accepted that the legal memo had no legal authority, but said he expected the resolution and opinion will go before the district court and then to the New Mexico supreme court for a final decision. He said that, if the Supreme Court agrees, New Mexico could be the 10th state to recognise same-sex marriage. |
| Same-sex marriage is now legal in nine states and Washington, DC. "I've been in politics in New Mexico a long time and I've never been one for waiting for the legislature to give us our rights", said Coss. | Same-sex marriage is now legal in nine states and Washington, DC. "I've been in politics in New Mexico a long time and I've never been one for waiting for the legislature to give us our rights", said Coss. |
| In the legal opinion, dated March 19, 2013, Zamora states that New Mexico's statutory definition of marriage is gender-neutral and does not define marriage as between a man and a woman. Nor does New Mexico law prohibit same-sex marriage, he says. Therefore, same-sex couples are capable of marrying in the state. | In the legal opinion, dated March 19, 2013, Zamora states that New Mexico's statutory definition of marriage is gender-neutral and does not define marriage as between a man and a woman. Nor does New Mexico law prohibit same-sex marriage, he says. Therefore, same-sex couples are capable of marrying in the state. |
| "New Mexico already recognizes valid marriages performed in other states between same-sex couples; it would violate our state's constitution to deny equal rights in our own families" said Zamora. | "New Mexico already recognizes valid marriages performed in other states between same-sex couples; it would violate our state's constitution to deny equal rights in our own families" said Zamora. |
| A spokesman for the NCSL, Jack Tweedie, said that the mayor had no legal authority and that, while New Mexico is among three states in which the definition of marriage is gender neutral, it has never been used so far to allow same-sex marriage. | A spokesman for the NCSL, Jack Tweedie, said that the mayor had no legal authority and that, while New Mexico is among three states in which the definition of marriage is gender neutral, it has never been used so far to allow same-sex marriage. |
| However, Tweedie, the director of the children and families programme at NCSL, said that the highest court in Massachusetts in 2003 ruled that a same sex couple had been denied equal protection under the law, because of a similar gender-neutral definition in place in many states at the time. Massachusetts became the first state to allow same sex marriage after the ruling. | However, Tweedie, the director of the children and families programme at NCSL, said that the highest court in Massachusetts in 2003 ruled that a same sex couple had been denied equal protection under the law, because of a similar gender-neutral definition in place in many states at the time. Massachusetts became the first state to allow same sex marriage after the ruling. |
| Santa Fe County Clerk Geraldine Salazar told the Santa Fe Reporter that she "won't be issuing [same-sex] marriage licenses because the law is not clear and does not give me the authority to do so." | Santa Fe County Clerk Geraldine Salazar told the Santa Fe Reporter that she "won't be issuing [same-sex] marriage licenses because the law is not clear and does not give me the authority to do so." |
| Salazar, however, says she personally supports same-sex marriage. | Salazar, however, says she personally supports same-sex marriage. |
| The director of New Mexico ACLU, Peter Simonson, said: "We believe that the current New Mexico State Constitution and the state marriage statute provides same-sex couples the same marriage rights as opposite-sex couples. However, the right of all New Mexicans to marry should be clear and explicit. The courts will need to provide some definitive guidance on this matter." | The director of New Mexico ACLU, Peter Simonson, said: "We believe that the current New Mexico State Constitution and the state marriage statute provides same-sex couples the same marriage rights as opposite-sex couples. However, the right of all New Mexicans to marry should be clear and explicit. The courts will need to provide some definitive guidance on this matter." |
| guardian.co.uk today is our daily snapshot of the top news stories, sent to your inbox at 8am |