The state’s high court said that the same-sex couples that were suing to legalize same-sex marriage deserve an “expedited review” of their district court cases.
“While we would have liked for the court to hear this issue immediately, we are encouraged that the court recognizes that this is an important case that should be decided promptly,” ACLU of New Mexico Legal Director Laura Schauer Ives said. “We look forward to moving this case through the courts as quickly as possible.”
The case now stands in state district court and will work its way through the court system — and will almost assuredly end up at the foot of the state Supreme Court.
The case in question is the case by the ACLU of New Mexico — not the separate case that is being pursued by Rep. Brian Egolf’s law firm.
Both lawsuits aim to do the same thing, however — legalize same-sex marriage in the state.
As of now, New Mexico’s law is silent on same-sex marriage. Nearly all other states have a law on the books either allowing or forbidding marriage between same-sex couples. New Jersey is the only other state that has no law regarding same-sex marriage.
County clerks cannot issue marriage licenses to same-sex couples because the form only has a spot for male and female.
Update 2:53 pm:
Steve Terrell reports the Supreme Court also declined to hear Egolf’s case.
Update 4:15 pm:
Equality New Mexico, which seeks to legalize same-sex marriage in the state, just issued this comment, attributed to EQNM Executive Directr Amber Royster:
“While we are obviously disappointed that the State Supreme Court chose not to immediately address the issue of marriage for same-sex couples, we appreciate the Court’s recognition of the critical need for a swift decision. Far too many New Mexicans will never see the day their love, commitment, and family are finally recognized and protected under the law, so we sincerely hope the district court case will move quickly.”