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New Mexico high court rules for marriage equality

Decision makes state the 17th with same-sex marriage on the books

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New Mexico Supreme Court, gay news, Washington Blade, gay news
New Mexico Supreme Court, gay news, Washington Blade, gay news

The New Mexico Supreme Court ruled in favor marriage equality. (Photo public domain)

Capping off a year of historic victories, the New Mexico high court handed down a unanimous ruling on Thursday granting same-sex couples the ability to wed in the state.

The 5-0 decision is written by Justice Edward Chavez, who concludes the current statutory scheme of the marriage law violates the Equal Protection Clause under Article II, Section 18, of the state constitution.

“We hold that the State of New Mexico is constitutionally required to allow same-gender couples to marry and must extend to them the rights, protections, and responsibilities that derive from civil marriage under New Mexico law,” the ruling states.

The ruling, which takes effect immediately, makes New Mexico the 17th state with marriage equality on the books. It also retroactively affirms the same-sex marriages for couples who already wed after obtaining marriage licenses from county clerks in the state.

The parties in the lawsuit, Griego v. Oliver, were six same-sex couples as well as all 33 of the state’s county clerks, who sought clarification on whether the state law enabled them to deliver marriage licenses to gay couples. Representing the same-sex couples were the American Civil Liberties Union of New Mexico, the national ACLU, the National Center for Lesbian Rights, the law firm of Sutin, Thayer & Browne APC as well as New Mexico attorneys Maureen Sanders, N. Lynn Perls and J. Kate Girard.

Laura Schauer Ives, legal director for ACLU-New Mexico, said the decision represents a “historic and joyful day for New Mexico.”

“As a state, we have always strived to treat all families with dignity and respect, and today’s decision allowing loving, committed same sex couples to marry continues that tradition,” Schauer Ives said. “The more than 1,000 same-sex couples who have already married in New Mexico can now rest certain knowing their marriages will be recognized and respected by our state.”

Camilla Taylor, National Marriage Project Director for Lambda Legal, commended her colleagues in the LGBT advocacy community for leading the way to a favorable decision on marriage equality in New Mexico.

“This beautiful unanimous decision explicitly underscores the argument we and our sister organizations have long made: denying same-sex couples the ability to marry imposes significant emotional and dignitary harm and is discrimination, pure and simple,” Taylor said.

New Mexico Gov. Suzanne Martinez, who opposes same-sex marriage but didn’t actively defend the marriage law, said in a statement she’ll abide by decision, but wish it were settled differently.

“My personal views on this issue are well-known, and I’m confident that most New Mexicans believe, like I do, that it should have been settled by a vote of the people,” Martinez said. “Instead, the Supreme Court stepped in and rendered their decision. While there will surely be intense debate about this decision moving forward, I encourage New Mexicans to continue to respect one another in their discourse, as this is an important issue for many New Mexicans on both sides.”

White House Press Secretary Jay Carney said immediate after the ruling he had no “official reaction,” but offered some thoughts.

“I would say that we welcome that ruling, and this is another example of the extraordinary progress that’s been made when it comes to equal rights for LGBT Americans in this country,” Carney said.

Justices make use of the June decision from the U.S. Supreme Court against Section 3 of the Defense of Marriage Act, noting the decision leaves marriage equality as the only option for same-sex couples to receive the federal benefits and for the state to avoid a federal challenge to its state law.

“Interpreting our statutes to authorize committed same-gender couples to enter into civil marriage will grant them the rights and privileges available to opposite-gender married couples in approximately one thousand statutes and federal regulations that refer to a person’s marital status, thereby avoiding a constitutional challenge on that basis,” the decision states.

The decision is the culmination of a drawn-out process over the course of 2013. It started in March with Santa Fe Mayor David Coss introducing a resolution, later approved the city council, saying marriage equality was already legal in New Mexico because of the gender-neutral construction of some portions of state law. That’s the conclusion Judge Alan Malott reached in a decision earlier this year extending marriage equality to Bernalillo and Santa Fe counties.

Notably, the court rejects in its decision the notion that marriage is already legal under the current state statutory scheme, observing that the legislature has passed laws, such as one changing the marriage application forms in 1961, defining marriage in opposite-sex terms.

“Thus, we conclude that a mix of gender-neutral and gender-specific terminology in the domestic relations statutes does not mean that the Legislature intended to authorize marriage between same-gender couples,” the decision states. “On the contrary, we conclude that the statutory scheme reflects a legislative intent to prohibit same-gender marriages.”

LGBT groups followed up with the Santa Fe resolution by filing a lawsuit on behalf of same-sex couples seeking to wed in New Mexico. Attorney General Gary King issued an opinion saying he wouldn’t defend the marriage law against a legal challenge in court on the basis that the law was unconstitutional.

Prior to the ruling from the New Mexico Supreme Court, a total of eight county clerks were already distributing marriage licenses to same-sex couples either through court order as a result of the litigation or on their own volition based on their interpretation of state law. An estimated 58.5 percent of New Mexico’s population had access to marriage equality prior to the Supreme Court ruling.

Attorney General King and plaintiffs in the case were pushing the idea that gays and lesbians are a suspect class and laws related to sexual orientation should be subject to heightened scrutiny — a idea with which New Mexico Supreme Court concurs because of the history of persecution faced by the LGBT community.

“Therefore, we conclude that intermediate scrutiny must be applied in this case because the LGBT community is a discrete group that has been subjected to a history of purposeful discrimination, and it has not had sufficient political strength to protect itself from such discrimination,” the ruling states.

It’s possible the opponents of the decision could place a state constitutional amendment on the ballot in 2014 that would rescind the decision, but only by legislative referral, not by initiative petition. It’s unclear at this time what the legislature will do. Democrats hold strong majorities in both chambers of the New Mexico legislature.

Brian Brown, president of the anti-gay National Organization for Marriage, promised in a statement to pursue action to protect people in New Mexico who don’t support same-sex marriage.

“Once again, activists judges have thrown out the historic legal understanding of marriage in New Mexico,” Brown said. “This is a continuation of a very dangerous rush towards silencing people of faith who simply believe marriage to be the union of one man and one woman. The National Organization for Marriage will do everything in its power to protect believers of true marriage in New Mexico and around the nation from the fallout of radical judges who deny the truth of marriage.”

Marc Solomon, national campaign director of Freedom to Marry, said his organization is prepared to fight to make sure the New Mexico decision stays in place.

“We have a campaign that we played a lead role in setting up and are on the board of, New Mexico Unites for Marriage, to protect the decision and defeat any efforts to amend the constitution,” Solomon said. “We’ve hired a campaign manager and there’s a field and media team on the ground, lobbyists, and more. It’s cochaired by former Republican Gov. Gary Johnson and Congresswoman Michelle Lujan Grisham.”

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The White House

Trump tells Fox News he won the ‘gay vote’ — but polls tell a different story

Trump falsely claims LGBTQ support on Fox despite polling showing overwhelming opposition.

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President Donald Trump at the State of the Union in February 2025. (Washington Blade photo by Michael Key)

President Donald Trump claimed he won the “gay vote” in 2024, despite evidence showing otherwise.

While appearing by phone on Fox News’s panel show “The Five” on Thursday, Trump falsely claimed he performed particularly well among gay voters while discussing the ongoing war in Iran — a conflict he initiated without formal congressional approval.

“Now I think I did very well with the gay vote, OK? I even played the gay national anthem as my walk-off, OK?” Trump said on air.

“And I think it probably helped me. But I did great. No Republican’s ever gotten the gay vote like I did and I’m very proud of it, I think it’s great. Perhaps it’s because I’m from New York City, I don’t know…”

His claim contradicts 2024 polling from NBC News, which found that the GOP presidential ticket captured fewer than 1 in 5 LGBTQ male voters — a figure that may also include bisexual and transgender men. Trump’s support among LGBTQ female voters was even lower, at just 8%.

White LGBTQ voters favored Vice President Kamala Harris over Trump by a margin of 82% to 16%, while LGBTQ voters of color backed Harris by an even wider 91% to 5%.

Trump also used the appearance to criticize “Gays for Palestine,” saying: “Look at ‘Gays for Palestine’… they kill gays, they kill them instantly, they throw them off buildings, and I’m saying, ‘Who are the gays for Palestine?’”

He further pointed to his campaign’s use of the song “Y.M.C.A.” by the Village People — which he has repeatedly described as a “gay national anthem” — noting that it was frequently used as a walk-off song at rallies, as an indication that he and his campaign were supported by the gay community. The track, long associated with camp and hyper-masculine gay imagery, became a staple of Trump campaign events.

The Village People were later booked to perform at Turning Point USA’s inaugural ball celebrating Trump’s second inauguration. Lead singer Victor Willis previously criticized Trump’s use of the song dating back to 2020 and considered legal action to block it, but ultimately said there was “not much he can do about it.” He later acknowledged the renewed exposure was “beneficial” and “good for business,” boosting the song’s popularity and chart performance.

Despite Trump’s claims of strong support from gay voters, polling has consistently shown otherwise — even as several prominent gay men have held roles in or around his orbit, sometimes dubbed the “A-gays.” These include Richard Grenell, former executive director of the Kennedy Center and Special Presidential Envoy for Special Missions; Treasury Secretary Scott Bessent; Under Secretary of State Jacob Helberg; Department of Energy official Charles T. Moran; and longtime supporter Peter Thiel, co-founder and CEO of Palantir.

His efforts to portray himself as aligned with the gay community stand in conflict with policies advanced under his leadership. These include removing LGBTQ-related data from State Department reports, attempting to narrowly redefine gender identity in federal policy, restricting access to gender-affirming health care, and rolling back anti-discrimination protections. His administration also rescinded initiatives focused on LGBTQ health equity, data collection, and nondiscrimination in health care and education — moves advocates say contribute to stigma and worsen mental health outcomes.

Additionally, some HIV programs and community health centers have lost funding from the federal government after supporting initiatives inclusive of transgender people as a direct result of Trump-Vance policies.

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National

Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Japan

Japanese Supreme Court to consider marriage equality

Japan only G7 country that does not legally recognize same-sex couples

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Japanese Supreme Court (Photo public domain)

The Japanese Supreme Court on Wednesday said it will consider six marriage equality lawsuits.

NHK, the country’s public broadcaster, noted all 15 of the court’s justices will consider the case.

Japan is the only G7 country that does not legally recognize same-sex couples, despite several court rulings in recent years that found the denial of marriage benefits to gays and lesbians unconstitutional.

Tokyo High Court Judge Ayumi Higashi last November upheld Japan’s legal definition of a family as a man and a woman and their children.

Prime Minister Sanae Takaichi, who became the country’s first female head of government last October, opposes marriage rights for same-sex couples. She has also reiterated the constitution’s assertion that the family is an institution based around “the equal rights of husband and wife.”

Same-sex couples can legally marry in Taiwan, Nepal, and Thailand.

NHK reported the Supreme Court is expected to issue its ruling in early 2027.

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