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N.M. marriage heats up as clerks seek guidance from high court

Local group say judgment before the end of September wouldn’t be surprising

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Santa Fe, New Mexico, gay news, Washington Blade

Santa Fe County is among those in New Mexico giving marriage licenses to gay couples (Photo by Karol M. via Wikimedia Commons).

The debate over same-sex nuptials continues to heat up in New Mexico as a total of eight counties have positioned themselves to give marriage license to gay couples and officials on both sides have filed lawsuits seeking a resolution to the issue.

On Thursday, all 33 New Mexico county clerks filed a petition with the State Supreme Court asking justices for clarification on whether granting marriage licenses to gay couples is warranted under the state constitution.

“Intervenor Clerks as a group cannot issue marriage licenses to same-sex couples with confidence of the legality of their actions without an opinion from this Court as to the responsibility and obligation of the County Clerk and legal validity of the marriage licenses being issued, including direction or authority to change the statutory forms,” the petition states.

The Supreme Court had previously decided in response to a petition filed by the National Center for Lesbian Rights and the American Civil Liberties Union that it wouldn’t immediately hear the issue of same-sex marriage, but wanted to lower courts to decide the issue on a expedited basis for a final judgment.

Pat Davis, who’s gay and executive director of ProgressNow New Mexico, told the Washington Blade the organization welcomes the move from county clerks.

“We’ve said all along that that’s the end goal of all, or the gold-standard answer that settles this once and for all,” Davis said. “So, we applaud it. We know the clerks have been looking for this as early as 2004 when the Sandoval County Clerk originally issued marriage licenses on their own, way back when. So from our perspective, it’s long overdue.”

Clerks say resolution from the New Mexico Supreme Court is needed in the wake of a decision from District Judge Alan Mallot that the state constitution requires clerks in in Bernalillo and Santa Fe counties to give marriage licenses to gay couples.

They note Mallot’s reading of the state constitution differs from two attorneys general who say same-sex marriage is unavailable under current law. They also question Mallot’s reading of how state constitution prohibits discrimination against gay couples when it explicitly prohibits discrimination based on sex, but not sexual orientation.

Davis said ideally he’d like to see the court accept the petition “very soon” to give clerks assurances on how to act.

“We’ve seen our Supreme Court act in as little as a week, and while that’s not likely in this case, it would not be surprising to a lot of us if this were settled before the end of September,” Davis said.

Meanwhile, the number of clerks in New Mexico that have decided to give out marriage licenses to gay couples — either under their own volition or under court order — continues to grow.

District Judge Sheri Raphaelson this week ordered Los Alamos County to give marriage licenses to gay couples, making it the eighth county in New Mexico where same-sex marriage is available. According to an analysis from AMERICAblog’s John Aravosis, the decision means 58.5 percent of New Mexico’s population has marriage equality.

Davis said the number of counties issuing marriage licenses to gay couples demonstrates that marriage equality is coming to the entire state at high speed.

“So, at this point, more than half of the residents of the State of New Mexico has access to the freedom to marry,” Davis said. “The ones that remain are in places where some of the clerks have indicated they would if their district court said they could. Ultimately, they all say they will if the Supreme Court does it.”

Still, Republicans have finally gone through with their announced plans to file lawsuits in New Mexico to stop same-sex marriages from happening. They’ve filed lawsuits in Dona Ana, San Miguel and Valencia counties — the three counties that are issuing marriage licenses to gay couples on their own accord as opposed to a court order.

In the petition filed in Dona Ana County, Republicans, including anti-gay State Sen. Willam Sharer, argue that the clerk should stop issuing marriage licenses because the county is operating outside state law.

“The Legislature is explicit in its prescription of the method of issuing marriage licenses; applicants must fill our an application that is substantially identical as the uniform marriage license application form, which requires both a male and female applicant,” the petition states. “Respondent has not been granted authority to issue marriage licenses in any manner that doesn’t correspond to those instructions.”

Davis said Republicans’ decision to file the petitions only in counties giving marriage licenses to same-sex couples without court order may, in fact, affirm the actions of these county clerks.

“We think it’s going to be pretty ironic, actually, that the Republican challenge may actually work to expand the legal protection for marriage equality across the state,” Davis said. “We haven’t found a single person yet who’s following this case and has any sense in constitutional law in New Mexico that thinks they’re going to prevail.”

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2026 Midterm Elections

Markey’s primary win deemed success for LGBTQ activists

Mass. lawmaker champions transgender rights

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U.S. Sen. Ed Markey speaks outside of the U.S. Supreme Court on Jan. 13, 2026. (Washington Blade photo by Michael Key)

U.S. Sen. Ed Markey (D-Mass.) clinched the Democratic seat for his reelection campaign in Massachusetts’s primary election on Tuesday.

Markey won the deep-blue state with 64.8 percent of the vote, according to NBC News, triumphing over Marine Corps combat veteran and Congressman Seth Moulton, who received 35.2 percent of the vote.

Massachusetts’s primary election, which determined which Democratic candidate will head to the polls to face off against the Republican challenger in November, is being considered a victory for LGBTQ-inclusive policy, as well as for a divisive pro-transgender rights candidate — both things Markey has become an outspoken champion of.

Markey has experience at multiple levels of government, from the state level, where he served three terms in the state House of Representatives, to his federal tenure, including 20 terms in the U.S. House of Representatives and is now serving his second term as a senator. He has become a fixture of a changing Democratic Party in one of the most consistently blue places in the U.S.

This primary — and much of the national discussion surrounding the Senate seat — focused a lot of campaigning power on fighting the growing sentiment, led mostly by Republicans, that the frustration many Americans feel lends itself to an anti-establishment and anti-incumbent attitude.

Markey ran his campaign using his past as a reflection of his commitment to constantly putting his best foot forward for Bay Staters — particularly with apprehension for issues younger and more progressive democrats have been righting for — including Green New Deal and “Medicare for All” while Moulton — who was also elected to federal office prior to this run — campaigned on being younger than Markey, arguing that he was not the same type of established politician.

Moulton also faced backlash for negative comments about trans athletes, sparking criticism for those who did want younger candidate but want for trans rights to be protected.

Markey’s track record of supporting the LGBTQ community is one of the most clear in federal politics, one that has garnered a “100 percent lifetime voting record” on the Human Rights Campaign’s PAC politician review scorecard.

That list of Markey’s actions includes being a cosponsor of the Equality Act, driving landmark legislation to ensure federal protections for LGBTQ Americans, and being one of the most vocal proponents for trans rights in the federal government — specifically in multiple appropriations bills and in the National Defense Authorization Act. He was also the lead sponsor of the Transgender Health Care Access Act and the Transgender Bill of Rights resolution.

Markey first introduced the Transgender Bill of Rights in the Senate in 2023, where it ultimately failed to be brought to law. He reintroduced the legislation this year once again. This was a direct response to the attitude pushed by many conservatives after 2021, when the push to minimize trans rights started to become a key part of their cause and has been constantly propped up by the Trump-Vance administration.

“Massachusetts needs a senator who stands up and fights back, a senator who never forgets who they are fighting for,” Markey said during his victory speech. “That has been the mission of my life, and it always will be.”

Following the calling of the primary, a slew of LGBTQ organizations rallied behind Markey, many pushing his past as an asset that puts his money where his mouth is through advocating for legislation specifically protecting the LGBTQ community.

Tyler Hack, the executive director of the Christopher Street Project, an organization dedicated to pushing for legal protections for trans americans, released a statement following Markey’s win. Hack argued that putting forward such a staunchly pro-trans candidate is a win for the community, especially after endorsing him earlier this year.

“Tonight, anti-trans politics lost. Massachusetts rejected the idea that attacking transgender people is a shortcut to political power. Voters chose a different path: one where equality is not negotiable, cruelty is not courage, and transgender people do not have to disappear for Democrats to succeed.”

The Human Rights Campaign also endorsed him as a candidate earlier this year and issued a statement via its president, Kelley Robinson.

“Ed Markey has spent decades fighting for LGBTQ+ equality, for working people, and for a more livable world,” Robinson said. “He knows why equality matters. He’s stood with us no matter what. We were proud to endorse him this year, and when a pro-equality majority takes back the Senate this fall, we will continue to count on him as a champion for our community.”

Markey is running for reelection against Republican John Deaton in November, where he is expected to win.

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Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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Congress

Chris Van Hollen says the Democratic Party needs change. Is he the one to lead it?

Senator is backing anti-establishment Democrats across the country

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By LEE O. SANDERLIN | The Democratic Party is having something of an identity crisis — losing to President Donald Trump twice in three elections will do that.

Should the party embrace anti-establishment figures who espouse progressive policy ideas like Medicare for all and rhetoric about unrigging the economy for the 1 percent? Or should Democrats try to appeal to moderates who want to return to semi-normalcy in a time of political upheaval?

Although he’s been in Congress since 2002, with key leadership roles throughout his tenure, Maryland Sen. Chris Van Hollen, 67, counts himself firmly in the anti-establishment camp.

The rest of this article can be found on the Baltimore Banner’s website.

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