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New Mexico AG won’t defend state marriage law

King latest to determine prohibition on same-sex marriage unconstitutional

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Gary King, New Mexico, gay news, Washington Blade

New Mexico Attorney General Gary King won’t defend state law against a lawsuit marriage equality (Photo public domain)

The attorney general of New Mexico has become the latest chief legal authority in a state to declare he won’t defend its marriage law in court.

In a 29-page filing on Tuesday, Attorney General Gary King said New Mexico’s marriage law is unconstitutional because the state constitution’s guarantee of equal protection to citizens demands same-sex couples “be permitted to enjoy the benefits of marriage.”

“There is no doubt that Article II [Section] 18 of the New Mexico Constitution requires the state to treat equally any of its citizens seeking legal recognition of their marriage, and that any statutory scheme interfering with that guarantee is flatly unconstitutional,” King said.

King issued the opinion in the case of Hanna v. Salazar, a state lawsuit that the National Center for Lesbian Rights and the American Civil Liberties Union of New Mexico filed on behalf of Alexander Hanna and Yon Hudson, a Santa Fe couple seeking marriage rights.

Taking a line from the Obama administration’s views on the Defense of Marriage Act, King argues that same-sex couples should be permitted to marry in New Mexico because the marriage law should be subject to heightened scrutiny, or a greater assumption it’s unconstitutional. The opinion maintains gay people are a suspect class based on their history of discrimination and their political powerlessness.

King, who’s expected to run for governor, is the latest in a series of state attorneys general who have elected not to defend a state’s marriage law on the basis that it prohibits same-sex couples from marrying. Others are California Attorney General Kamala Harris and Illinois Attorney General Lisa Madigan. Most recently, Pennsylvania Attorney General Kathleen Kane said she won’t defend her state’s marriage law against a lawsuit filed by American Civil Liberties Union.

Chris Stoll, a staff attorney for the National Center for Lesbian Rights, praised King for joining other attorneys general in deciding not to defend a law prohibiting same-sex couples from marrying.

“It’s great to see Attorney General King join many state officials around the country who have decided that excluding same-sex couples from marriage is indefensible under the constitution,” Stoll said. “These laws serve only to harm same-sex couples and demean their families and children while helping no one.”

The office of New Mexico Gov. Susana Martinez, a Republican who opposes same-sex marriage, didn’t respond to multiple requests from the Washington Blade to comment on King’s position.

But King’s opinion goes further than just determining that the state’s marriage law is unconstitutional. The filing also rejects an argument that same-sex marriage is already legal in New Mexico because the marriage law is gender neutral and doesn’t explicitly ban same-sex marriage.

King says the marriage law currently doesn’t allow same-sex marriage because the New Mexico’s statutory scheme uses both gender-specific and non-gender specific terms and because other states that had similar statutes determined gay couples can’t marry.

“State courts in New York, New Jersey, Massachusetts and Minnesota have considered analogous statutory schemes and concluded a mix of gender-specific and gender-neutral terminology does not convey the right for same sex couples to marry,” King writes.

The position that same-sex marriage is already legal in New Mexico under current law was a view put forward by Santa Fe officials, including the city’s mayor, David Coss, as part of a resolution approved in March.

Further, the attorney general rejects an argument that the New Mexico Supreme Court should issue a writ of mandamus so that plaintiffs in the case can receive a marriage license before the lawsuit ends. The couple had a filed a petition for mandamus as part of the relief.

“Issuing a writ of mandamus would to Respondent would thus represent an expansion of the jurisdiction conferred by Article VI [Section 3] and presents the very real threat of overloading the court’s docket with mandamus actions concerning any dispute a party has with any local and county official: county tax assessment protests, local zoning disputes, and any other dispute concerning only county or local officials would all be fair game,” King writes.

The opinion comes on the heels of a request from NCLR and ACLU for the New Mexico Supreme Court to issue a different writ of mandamus and take up the case so that it doesn’t have to proceed through lower courts. Stoll said that petition before the court is still pending.

“It asks the court to hold that the New Mexico Constitution requires the state to permit same-sex couples to marry, and also to respect the marriages of those married in other states,” Stoll said. “That petition remains pending alongside the one the attorney responded to yesterday.”

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Garcia and Log Cabin Republicans president react to new GOP party platform

RNC had not issued a new position manifesto since 2016

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Former President Donald Trump speaks at the Conservative Political Action Committee at National Harbor, Md., on March 4, 2023. (Screen capture via Vimeo)

Following the issuance of the Republican Party’s first new policy platform since 2016, U.S. Rep. Robert Garcia (D-Calif.) and Charles Moran, president of the conservative LGBTQ group Log Cabin Republicans, shared their reactions this week with the Washington Blade.

Unlike previous iterations, including in 2016 and 2012, the 2024 version contains no mention of same-sex marriage and very little discussion about abortion, issues long championed by the religious right factions of the party.

Still, the document calls for banning transgender girls and women from competing in girls and women’s sports, as well as a proposal to cut federal funding for “any school pushing critical race theory, radical gender ideology, and other inappropriate racial, sexual, or political content on our children.”

“We will keep men out of women’s sports, ban taxpayer funding for sex change surgeries, and stop taxpayer-funded schools from promoting gender transition, reverse Biden’s radical rewrite of Title IX education regulations, and restore protections for women and girls,” the platform says.

“Republicans will ensure children are taught fundamentals like reading, history, science, and math, not leftwing propaganda,” according to the document. “We will defund schools that engage in inappropriate political indoctrination of our children using federal taxpayer dollars.”

Garcia, an openly gay co-chair of the Congressional Equality Caucus, told the Blade by phone on Tuesday that the language is of a piece of the party’s efforts across the board to restrict rights, freedoms, and protections from many of America’s most vulnerable.

“The platform is the platform,” he said. “It’s reactionary. It moves us backwards. It does not support diverse communities.”

What is more important, however, than “the Republican platform, Project 2025, all of these ideas and proposals,” Garcia said, is the question of “who’s going to implement these.”

“Look at what Donald Trump is actually saying,” Garcia said. “That should scare us. He’s saying he’s going to deport undocumented people across the country. He’s saying he’s going to empower fossil fuel and oil companies in public. He’s saying that he doesn’t support unions. He’s saying all of these horrible things. I think we should take him for his word.”

“We should already know that he’s going to do what he says. He’s saying he’s going to jail his political opponents,” the congressman added. “This is insane. So, I think that is much more instructive than any party platform or other conversation happening right now.”

Project 2025, the exhaustively detailed governing blueprint for a second Trump term that was published by the right-wing Heritage Foundation think tank, “is finally starting to get more attention,” Garcia said.

Unlike the party platform, the 900-page document reads like a wishlist for the most right-wing conservative Christian flanks of the GOP — with proposals to criminalize all pornography, for instance, and to revoke LGBTQ-inclusive nondiscrimination protections for federal government employees.

“I wish that over the last two days we were talking about Project 2025,” said Garcia.

House Democrats, who had just returned from the July 4 break, had been inundated with questions about whether President Joe Biden should continue leading the party’s 2024 ticket after a shaky debate performance last month exacerbated concerns about his age.

“Moving forward,” he said, Project 2025 “needs to get more attention, and I’m hopeful that it will.”

Also speaking with the Blade on Tuesday was Moran, who had attended a Log Cabin Republicans fundraiser on Monday that former first lady Melania Trump hosted and netted $1.4 million. The event was the first to be held in the Trump Tower residence since her husband launched his 2024 campaign.

“Project 2025 is like a kid’s Christmas wish list — and it has just as much chance of coming to fruition as Santa Claus coming down that chimney,” he said. “It’s just not reality.”

“On July 5, President Trump posted on Truth Social disavowing Project 2025 and officials on the campaign had been saying the same for months,” Moran added. “Those who continue to conflate that private think-tank manifesto with the official RNC Platform or the President’s own policy portfolio, Agenda 47, are knowingly deceiving voters which shows a level of desperation leading them to lie rather than dealing with the reality at hand.”

By contrast, the platform has Trump written all over it, Moran said.

“Even though I was not on the platform committee, it was clear those in leadership understood that the process had been commandeered in the past by special interests and those trying to use intimidation and fear to bully their influence into the final document,” he said. “The RNC took steps to ensure a clean, orderly and accessible drafting process.”

As a result of influence peddling by special interest groups, “the platform continued to be an albatross around the necks of common-sense Republicans,” providing opportunities for Democrats to portray their political opponents as anti-gay, for example, since the document historically took a position against same-sex marriage.

“The 2016 platform was crafted under the influence of Ted Cruz’s delegates, veering it in a much more conservative direction on gay issues,” Moran said. “President Trump made it clear that he wasn’t aligned with the 2016 platform, and if the full RNC convention would have been held in 2020, it would have been changed then.”

Moran added that while “the platform process has historically been influenced by paid lobbyists representing special interests trying to game the system for their client’s pet projects and desires,” this year “presented President Trump with his first opportunity to genuinely make the GOP platform represent the modern Republican Party, and make it represent an inclusive, America-First context.”

Moran said the new platform is a reflection of the campaign’s strategy and approach to this election.

“I believe the president knew that the old platform made the GOP uncompetitive in major geographic and critical demographic areas,” he said. “The platform was definitely worth fighting over, because we know that the presidential nominee needs to get the party in the best position possible to appeal to the broadest number of people.”

“This is a platform that is inclusive of many communities, including LGBT Americans,” Moran said. “It promotes the sanctity of marriage, but doesn’t exclude our marriages. It supports IVF, which is the principle way same-sex couples build families.”

“This is a pro-family platform,” he added, “but it provides a place for our families too.”

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Republican National Convention expected to address LGBTQ issues

The Washington Blade will be reporting from Milwaukee next week

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LGBT rights, Donald Trump, gay news, Washington Blade
Former President Donald Trump (Washington Blade file photo by Michael Key)

The Washington Blade will be in Milwaukee next week covering the Republican National Convention, which is expected to include events and discussions concerning LGBTQ issues.

  • GRACE, the gender research advocacy council and education, will host a media availability at the RNC next week with Alaina Kupec, its founder and president, and Executive Director Jennifer Williams.

Williams is a city councilmember representing Trenton, N.J., the first transgender woman elected to a municipal office in the state, and a registered Republican. Kupec, who is also trans, is a Navy veteran who has served in executive level positions at biopharmaceutical companies.

GRACE was founded to “assist other groups in addressing misinformation about transgender people,” as Kupec told Bay Area Reporter. The organization has also focused on engaging conservatives and moderates, including through a series of ads spotlighting right-leaning, Christian fathers of trans children.

The organization notes that the 2024 Republican Party platform included “references to the transgender community.”

  • On July 15, the Heritage Foundation, a right-wing think tank, will host “Heritage Policy Fest: Fighting for America’s Future.”

The group’s Project 2025, a 900+ page governing agenda for a second Trump administration, would repeal LGBTQ-inclusive nondiscrimination protections and direct the federal government to advance principles of Christian nationalism.

The Biden-Harris 2024 Campaign has sought to bring attention to Project 2025 and tie it to Trump’s candidacy, as the document contains extreme policy proscriptions including a proposal to criminalize all pornography.

  • The anti-LGBTQ group Moms for Liberty will host “Giving Americans a Voice Town Hall” on July 16.

The group, which is considered a far-right extremist organization by the Southern Poverty Law Center and has close ties to the Republican Party, has sought to ban books with LGBTQ characters or themes and its members have harassed and intimidated educators and school officials.

  • Log Cabin Republicans, the conservative LGBTQ group, will host a Big Tent Event on July 17.

Former first lady Melania Trump hosted a fundraiser for the organization on Monday at the Trumps’ penthouse in Trump Tower, raising $1.4 million according to the New York Post. The event was the 2024 campaign’s first that was held at the couple’s residence.

  • On July 18, the anti-LGBTQ Faith and Freedom Coalition will host a prayer breakfast.

The organization, led by Ralph Reed, former executive director of the Christian Coalition, opposes same-sex marriage and “transgender ideology.”

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Rep. Garcia on why he’s standing behind Biden

HRC: ‘We are proud to stand by our endorsement’ of the president

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U.S. Rep. Robert Garcia (D-Calif.) (Screen capture: YouTube/MSNBC)

After congressional Democrats emerged from closed-door meetings on Tuesday, House and Senate leaders reassured the media of their continued support for President Joe Biden in his bid for reelection.

As lawmakers returned from the July 4 break this week, a handful of Democrats publicly urged the president to step aside, following a debate performance last month that worsened concerns regarding the candidate’s age, signs of a potential decline in his mental acuity, and questions over his ability to bring the vigor necessary to lead the ticket.

However, speaking with the Washington Blade on Tuesday, U.S. Rep. Robert Garcia (D-Calif.) shared his thoughts on why “it is time to move forward” from Biden’s debate performance and “focus on attacking Donald Trump and the dangers that he poses.”

The congressman was clear that colleagues who have a different opinion should feel free to express their concerns — and, to that end, he said leadership has “been incredible in hearing members who have sought out input” from them.

“The president had a rough debate, and I think he recognizes that, and I think we all recognize that it was not a great moment,” he said. “I respect the people that have had those concerns and the conversation that’s happened since, so, I get that.”

“Personally, I’ve known from day one that Joe Biden is going to be our nominee,” Garcia said. “He reinforced that with everyone, and it is time to move forward. I’ve been behind the president and the vice president. I continue to be.”

Every day the Democratic Party continues having these conversations internally, “we’re not out there defeating Donald Trump,” the congressman added. “I think for some folks it’s going to take some time for them to feel comfortable, and that’s OK [but] I’m ready to go. I’m fired up and ready to go.”

Garcia, who’s gay, serves as a vice-chair of the Congressional Equality Caucus, alongside some LGBTQ Democratic members who agree with his position, like Ritchie Torres (N.Y.), and others who do not, like Mark Takano (Calif.) and Angie Craig (Minn.), who have called for Biden to step aside.

When it comes to LGBTQ voters, “from our perspective, I think we’ve just got to understand that we have the most pro-LGBTQ+ administration in the history of politics in front of us, and we have Donald Trump on the other side,” Garcia said. “Those are our choices.”

“You don’t have to love every choice you make, but we have to understand the stakes, and we have to understand that there is a binary choice,” he said. “Every person that’s not voting, or not voting for Joe Biden, is certainly empowering Donald Trump. That’s the reality of the moment we’re in.”

Asked how the Biden-Harris campaign can outrun the speculation about the president’s age and the calls from some Democrats for him to step aside, Garcia said “the president has to continue what he’s been doing for the last couple of days. And I think what you’ve seen in the last few days is a fighting Joe Biden.”

“Joe Biden is proving that if he’s going to get punched in the nose, he’s going to punch back twice as hard,” the congressman said. “And I think that is where the campaign is headed, and what needs to continue to happen.”

Weathering the moment in which “the president did have this really bad debate night,” Garcia said, has “also invigorated the campaign and him” with Biden and his team realizing “this is serious, we have a real challenge, here. And let’s get this done.”

Kelley Robinson, president of the Human Rights Campaign, America’s largest LGBTQ rights organization and a group that has made major investments in Biden’s reelection effort, also reaffirmed her support for the president in a statement to the Blade on Tuesday.

“Donald Trump and his Project 2025 agenda pose an existential threat to our rights, freedom, and democracy itself,” she said. “Our job remains the same: defeat him. Biden-Harris is the ticket to do it and we are proud to stand by our endorsement.”

Asked for comment, a GLAAD spokesperson said “as a [501]C3 nonprofit org, we focus on voter and reporter info and resources, to inform about elevate facts on the candidates’ records and statements about LGBTQ people.”

The spokesperson referred the Blade to a statement by the group’s president, Sarah Kate Ellis, which was issued shortly after Biden’s televised debate against Trump.

“Media must do their job to ask questions of candidates about their records and plans for and against LGBTQ people. Our community is enduring an onslaught of attacks on our lives and fundamental freedoms. Everything from our marriages to our ability to have children to keeping schools safe for LGBTQ youth is on the ballot.

“The candidates’ records are very clear, and voters need to be informed about this history to make the best decisions. Reporters and moderators must challenge candidate rhetoric for facts about abortion, immigration, inflation, and the security of each person’s vote.

“CNN failed to find time in 90 minutes to ask about Project 2025, the fascist fever dream that is laying a path for anti-LGBTQ zealots to weaponize the government to fully eliminate abortion access and LGBTQ people from equal access in American life.

“Accurate information is essential for voters to choose a leader who values the truth, decency, and who will work to ensure freedom and equality for all Americans.”

The GLAAD accountability project includes detailed entries for Trump and Biden, detailing the candidates’ records on and rhetoric concerning LGBTQ matters.

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