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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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District of Columbia

HIV Vaccine Awareness Day set for May 18

Whitman-Walker joins nationwide recognition of efforts to develop vaccine

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(Image courtesy of the NIH)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, will join health care advocates from across the country to support efforts to develop an HIV vaccine on HIV Vaccine Awareness Day on May 18.

“HIV Awareness Day, observed annually on May 18, was established to recognize and thank the volunteers, scientists, health professionals, and community members working toward a safe and effective prevention HIV vaccine,” Whitman-Walker said in a statement.

“Led by the National Institutes of Health’s National Institute of Allergy and Infectious Diseases (NIAID), the day is also an opportunity to educate communities about the critical importance of preventive HIV vaccine research,” the statement says.

It adds, “The reality is that any new vaccine discovery must be built community by community, institution by institution, and then it must reach everyone – especially the communities who have carried the heaviest burden of this epidemic.”

On its own website, the National Institutes of Health says HIV Vaccine Awareness Day also highlights its longstanding efforts, coordinated by its Office of AIDS Research, to support researchers’ efforts to develop an HIV vaccine.  

“Researchers are making promising headway in efforts to develop a safe, effective HIV vaccine,” it says in a statement on its website.

A Whitman-Walker spokesperson said Whitman-Walker was not holding a specific event to observe HIV Vaccine Awareness Day, but it will recognize the day as a way of encouragement for its ongoing work to address the AIDS epidemic and support for vaccine research.

“Today, no one has to die from HIV,” said Whitman-Walker’s Health System division’s CEO, Dr. Heather Aaron in the Whitman-Walker statement. “We have the treatments, the technology, and the research to change outcomes, and yet people in our community are still dying from HIV//AIDS,” she said in the statement.

“That is unacceptable, and it is exactly why our work continues,” she added. “Here in D.C. with more focus on Southeast D.C., the Whitman-Walker Health System remains committed to making a difference through cutting-edge research, policy advocacy, and philanthropy, because fair access to life-saving treatment is not a privilege. It is a right.”  

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World

This year’s IDAHOBiT to highlight democracy

Criminalization laws, US funding cuts among global movement’s challenges

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"At the heart of democracy" is the theme of this year's International Day Against Homophobia, Transphobia, and Biphobia. (Graphic courtesy of ILGA World)

Activists around the world on Sunday will mark the International Day Against Homophobia, Transphobia, and Biphobia.

The IDAHOBiT Advisory Group — which includes 18 LGBTQ and intersex rights organizations around the world — in a press release notes IDAHOBiT events are expected to take place in more than 60 countries. Advocacy groups are also using IDAHOBiT to highlight discrimination and violence based on sexual orientation and gender identity and other LGBTQ-specific issues.

Caribe Afirmativo, a Colombian advocacy group, on May 8 released a report that notes one LGBTQ person was reported murdered in the country every 32 hours in 2025. Caribe Afirmativo also said the Colombian government has not done enough to address anti-LGBTQ violence.

“The evidence is clear: violence against LGBTIQ+ persons in Colombia does not begin with homicide, but with tolerated prejudice and ignored threats,” reads Caribe Afirmativo’s report. “In 2025, the State not only failed to protect — it also failed to count, investigate, and sanction. The crisis is not invisible. It is structural. And it requires an urgent, comprehensive, and sustained response.”

The Initiative for Equality and Discrimination, a Kenyan group known by the acronym INEND, issued a report that details how the country’s law enforcement treats LGBTQ and intersex people. “A widespread pattern of arbitrary arrests, extortion, and both physical and sexual violence” are among the abuses the INEND report notes.

“These abuses not only inflict severe physical and psychological trauma but also foster a widespread distrust of the law enforcement, further marginalizing the community and hindering its ability to seek justice, access essential services such as healthcare, and fully enjoy fundamental freedoms,” it reads.

IDAHOBiT commemorates the World Health Organization’s declassification of homosexuality as a mental disorder on May 17, 1990. This year’s IDAHOBiT theme is “At the Heart of Democracy.”

This year’s IDAHOBiT will take place against the continued impact that the lack of U.S. funding is having on the global LGBTQ and intersex rights movement.

The IDAHOBiT Advisory Group notes consensual same-sex sexual relations remain criminalized in 65 U.N. member states, and the number of countries with criminalization laws increased in 2025. The IDAHOBiT Advisory Group also indicates more than 60 countries have laws that restrict “freedom of expression related to sexual and gender diversity issues.”

“No matter where we live, who we are, or the faiths that drive us, most people want to nurture neighborhoods and communities where every life can bloom,” said the IDAHOBiT Advisory Group. “But today, reactionary governments worldwide are poisoning our gardens with the invasive weeds of their authoritarian policies and exclusionary legislations.”

‘Progress is still happening’

Activists around the world since last year’s IDAHOBiT have seen several legal and political victories.

New Hungarian Prime Minister Péter Magyar on April 12 defeated his predecessor, Viktor Orbán, whose government faced widespread criticism over its anti-LGBTQ crackdown.

The Eastern Caribbean Supreme Court last July struck down St. Lucia’s colonial-era laws. The Dominican Republic’s Constitutional Court a few months later ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members. Botswana late last month repealed a provision of its colonial-era penal code that criminalized homosexuality.

A Hong Kong judge last September ruled in favor of a lesbian couple who sought parental recognition for their son. The European Union Court of Justice over the last year issued two landmark decisions: one said EU countries must recognize same-sex marriages legally performed in other member states and another directed member states to allow transgender people to legally change their name and gender on ID documents.

“Time and again, LGBTQIA+ people have resisted, rolled up their sleeves together with all the good people caring about their communities, and sowed the seeds of change,” said the IDAHOBiT Advisory Group in its press release.

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District of Columbia

Capital Stonewall Democrats endorses Janeese Lewis George for D.C. mayor

Group also backed D.C. Council, Congressional delegate, AG candidates

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Janeese Lewis George (Washington Blade photo by Michael Key)

The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization, announced on May 14 that it has endorsed D.C. Councilmember Janeese Lewis George (D-Ward 4) for mayor in the city’s June 16 Democratic primary.

Lewis George along with former D.C. Councilmember Kenyan McDuffie (D-At-Large) are considered by political observers to be the two leading candidates among the seven candidates competing in the Democratic primary election for mayor.

Both have strong, long-standing records of support on LGBTQ issues, indicating Capital Stonewall Democrats members, like LGBTQ voters across the city, are likely choosing a candidate based on non-LGBTQ related issues.

In a May 14 statement, the group announced its endorsements in seven other Democratic primary races, including D.C. Council Chair Phil Mendelson, who is running unopposed in the primary. Also endorsed is D.C. Councilmember Robert White (D-At-Large), who is one of five Democratic candidates competing for the position of D.C. delegate to the U.S. House of Representatives.

D.C. Councilmember Brooke Pinto (D-Ward 2) is among the four candidates competing with White for that post, and who like White has a strong record of support on LGBTQ issues.

In the At-Large D.C. Council race for which incumbent Anita Bonds is not running for re-election, Capital Stonewall Democrats has endorsed community activist and LGBTQ ally Oye Owolewa in a nine candidate race.    

For the Ward 1 D.C. Council election, in which five LGBTQ supportive candidates are competing, the group did not make an endorsement because none of the candidate received a required 60 percent of the endorsement vote cast by Capital Stonewall Democrats members, according to the group’s former president, Howard Garrett.   

The statement announcing its endorsements shows that it decided to list its “Preferred Ranking” of each of the Ward 1 Democratic candidates as part of the city’s newly implemented ranked choice voting system. It lists gay candidate Miguel Trindade Deramo as first, bisexual candidate Aparna Raj second, Jackie Reyes Yanes third, Rashida Brown fourth, and Terry Lynch fifth.

In the remaining ward Council races, Capital Stonewall Democrats endorsed Councilmember Matt Fruman (D-Ward 3), who is running unopposed for re-election; Councilmember Zachary Parker (D-Ward 5), the Council’s only gay member who is being challenged by two opponents; and Councilmember Charles Allen (D-Ward 6), who is running unopposed for re-election.

The group also chose not to make an endorsement in the special election for another At-Large D.C. Council seat that became vacant when then-Independent Councilmember McDuffie resigned to enable him to run for mayor as a Democrat. Under the city’s Home Rule Charter adopted by Congress, that at large sweat is restricted to a “non-majority party” candidate, meaning a non-Democrat.

The three candidates running for the seat, all Independents, include incumbent Doni Crawford, who was appointed to the seat earlier this year; former D.C. Councilmember Elissa Silverman; and Jacque Patterson. All three have expressed support on LGBTQ related issues.

“The organization’s endorsement process included candidate questionnaires, public forums, and direct voting by active CSD members,” the statement announcing its endorsements says. “Each endorsement reflects the collective voice of 173 LGBTQ+ Democrats who voted in the process and are committed to building lasting political power in the District,” according to the statement. “Candidates that reached 60 percent support received the endorsement.”

Garrett, the group’s former president, acknowledged that with nearly all candidates running in D.C. elections expressing strong support for the LGBTQ community, many if not most of the group’s members most likely chose a candidate based on issues other than LGBTQ related issues.

He said he believes Lewis George, who he is supporting and is viewed as a progressive candidate who self-identifies as a Democratic Socialist, compared to McDuffie, who is viewed as a moderate Democrat, captured the group’s endorsement based on the view that she is the best person to lead the city going forward.

“I believe that Capital Stonewall members voted for Janeese Lewis George because we’re tired of the status quo and we need a new, bold leader to not only move our city forward but also to stand up to Donald Trump and his administration,” Garrett told the Washington Blade.

McDuffie’s LGBTQ supporters, including former Capital Stonewall Democrats presidents David Meadows and Kurt Vorndran, have argued that McDuffie’s positions on a wide range of issues, including LGBTQ issues, show him to be the best candidates to lead the city at this time and In future years.

The group’s endorsement of Lewis George comes one week after GLAA DC, a nonpartisan LGBTQ advocacy group, awarded her its highest candidate rating of +10.    

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