1. Same Sex Marriage License News
Lynn Ellins, County Clerk in Dona Ana County, New Mexico got tired of waiting for someone in his state to say something definitive about same sex marriage and, after studying New Mexico's laws, (Mr. Ellins is also an attorney), concluded that they were "gender-neutral and did not expressly prohibit (him) from issuing marriage licenses to same-gender couples."
Mr. Ellins said his oath was to uphold state laws, which include laws prohibiting sex-based discrimination. He stated that he sees this as a human rights issue covered by the New Mexico Human Rights Act. "I see no reason to make committed couples in Dona Ana County wait another minute to marry."
Several churches in the county have performed marriage ceremonies for the same sex couples holding newly issued marriage licenses.
County Commissioner Ben Rawson (R), criticized Mr. Ellins' decision; but State Attorney General Gary King (D) told reporters that, while New Mexico law could be interpreted either way, he didn't believe that state laws prohibiting same sex marriage were constitutional; and, though he believes the matter should be decided by state courts, (there are lawsuits currently pending), he said he would not challenge any county clerk who chooses to issue marriage licenses to same sex couples.
After Mr. King's announcement, several other county clerks said they would also issue marriage licenses to same sex couples.
I am thankful that there are people like Lynn Ellins who are brave enough to stand up and say "I'm going to do what is right. Follow me or get out of the way!"
2. Same Sex Discrimination Suit Ends
On Thursday, the New Mexico Supreme Court handed down a unanimous decision against Albuquerque wedding photographer Elane Photography. The case was brought by Vanessa Willock after Elane Photography's co-owner Elaine Huguenin refused to photograph a commitment ceremony between Ms. Willock and her same sex partner.
Ms. Huguenin's attorney argued that Elane Photography was a private business and so was free to choose what events they would record.
The court thought otherwise. They concluded Elane Photography is "a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients,(and so) is subject to the anti-discrimination provisions of the (New Mexico Human Rights Act) and must serve same-sex couples on the same basis that it serves opposite-sex couples. Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photography a wedding between people of different races."
I wish New Mexico would make same sex marriage "official"; but there is healthy support for equal rights there and that is an excellent place to start.
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