The Supreme Court had previously rejected to immediately hear a same-sex marriage case brought by a couple in Santa Fe, saying it would instead get an expedited review in the district level.
The county clerks were granted intervenor status in the cases by Judge Alan Malott. Malott had issued the finding that same-sex marriage was constitutional.
So far, New Mexico has a strange, piecemeal situation in which some counties are offering marriage licenses — currently six, with two others set to begin — and others do not.
Since then, five county clerks have been told by judges that they must provide marriage licenses to same-sex couples. Right now, Bernalillo, Santa Fe and Taos counties are issuing same-sex marriage licenses after a court order. Grants is due to start next week, and Los Alamos was ordered to do so even after the clerk refused and went back to court.
Clerks in Dona Ana, San Miguel and Valencia counties are also issuing marriage licenses, albeit without a court order. Republican legislators have filed lawsuits to stop these clerks from continuing to issue marriage licenses without a court order.
No other clerks are offering marriage licenses to same-sex couples, and many are opposed to doing so.
The request to the Supreme Court comes from clerks on both side of the issue — all of whom want guidance from the courts.