Those who participated in the call were confident that the state Supreme Court would rule in favor of same-sex marriage, citing a history of the court ruling against what they describe as opposing discrimination of same-sex couples.
County clerks in eight counties have been issuing same-sex marriage licenses for weeks now. Laura Schauer Ives, the Legal Director of the American Civil Liberties Union (ACLU) of New Mexico, said that over 900 same-sex couples have been married in New Mexico since August.
No judge has ruled against same-sex marriage yet in the state.
Peter S. Kierst, a lawyer with Sutin, Thayer & Brown PC, said it boiled down to treating similarly-situated people similarly as in accordance with the law.
“The state can deny a drivers license to 8 year olds and can grant them to 18 year olds because 8 years are not similarly situated to 18 year olds,” Kierst said. This does not apply to same-sex couples, in his opinion.
“They are of age, they are single, they are not related to one another, they are able to pay the fee,” Kierst said of same-sex couples who wish to marry.
One state that was brought up multiple times was New Jersey. New Jersey became the 14th state to allow same-sex marriage on Monday.
Shannon Minter, the Legal Director for the National Center for Lesbian Rights, said he hopes that New Mexico becomes the 15th state to allow same-sex couples to marry.
“What’s happening in New Mexico is part of growing national momentum for marriage equality,” Mittner said.
The State Supreme Court will not be ruling from the bench on Wednesday. Schauer Ives said she hoped the court would have a ruling in favor of same-sex marriage by the end of the year. However, she said they have no real way of knowing when the court will make a ruling.
Republican legislators who filed an amicus brief opposing same-sex marriage will have some time for oral arguments against same-sex marriage. However, their lawsuit to stop county clerks who were not directly ordered to provide marriage licenses to same-sex couples is not in front of the court.
Attorney General Gary King has said he believes a prohibition against same-sex marriage is unconstitutional.
Gov. Susana Martinez and others who oppose same-sex marriage say the proper route for deciding on the issue is either through the state legislature or through voters. Kierst rejected this claim, saying that this was an issue surrounding rights of citizens.
“The core of the idea of a constitution is that the Supreme Court of the United States said many years ago that your rights are not subject to votes,” Kierst said.