New Mexico Supreme Court legalizes gay marriage
By Aaron Blake
December 19 at 1:52 pm - Washington Post
The New Mexico Supreme Court on Thursday ruled that gay marriage is legal in
the Land of Enchantment.
The court said in an unanimous decision that it is unconstitutional to deny
marriage licenses to gay and lesbian couples.
"We hold that the State of New Mexico is constitutionally
required to allow same-gender couples to marry and must extend to them the
rights, protections, and responsibilities that derive from civil marriage
under New Mexico law," Justice Edward L. Chavez wrote in the decision.Many
counties in New Mexico had already been issuing marriage licenses to gay
couples, setting up the state Supreme Court to decide whether it was legal or
not. The state didn't explicitly ban or allow same-sex marriage, leaving the
issue in limbo.
New Mexico becomes the 17th state to legalize gay marriage (map
here) and the first in the American Southwest. Illinois and Hawaii did the
same last month. Gay marriage is also legal in the District of Columbia.
Gay rights groups were quick to hail the ruling.
gThe court is entirely correct that denying lesbian and gay couples the same
rights as everyone else is fundamentally unjust,h said Chad Griffin, president
of the Human Rights Campaign. gRegardless of where you live, all people should
have the ability to marry the person they love, and now the legislature must not
do anything to turn back the clock in the Land of Enchantment.h
The justices noted that many states previously banned interracial marriages
as well. They said that, in order for the state to ban gay marriage, it would
have to show that it had a substantial interest in preserving traditional
marriage.
Supporters of a ban argued that same-sex couples cannot procreate, but the
court didn't buy that argument.
"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," the
justices wrote.
Updated at 2:34 p.m.