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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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Virginia

Va. Senate approves referendum to repeal marriage amendment

Outgoing state Sen. Adam Ebbin introduced SJ3

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(Bigstock photo)

The Virginia Senate on Friday by a 26-13 vote margin approved a resolution that seeks to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Outgoing state Sen. Adam Ebbin (D-Alexandria) introduced SJ3. The Senate Privileges and Elections Committee on Wednesday approved it by a 10-4 vote margin.

Same-sex couples have been able to legally marry in Virginia since 2014. Outgoing Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

A resolution that seeks to repeal the Marshall-Newman Amendment passed in the General Assembly in 2021. The resolution passed again in 2025.

Two successive legislatures must approve the resolution before it can go to the ballot. Democrats in the Virginia House of Delegates have said the resolution’s passage is among their 2026 legislative priorities.

“It’s time for Virginia’s Constitution to reflect the law of the land and the values of today,” said Ebbin after Friday’s vote. “This amendment, if approved by voters, would affirm the dignity of all committed couples and protects marriage equality for future generations.”

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Florida

DNC slams White House for slashing Fla. AIDS funding

State will have to cut medications for more than 16,000 people

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HIV infection, Florida, Hospitality State, gay Florida couples, gay news, Washington Blade

The Trump-Vance administration and congressional Republicans’ “Big Beautiful Bill” could strip more than 10,000 Floridians of life-saving HIV medication.

The Florida Department of Health announced there would be large cuts to the AIDS Drug Assistance Program in the Sunshine State. The program switched from covering those making up to 400 percent of the Federal Poverty Level, which was anyone making $62,600 or less, in 2025, to only covering those making up to 130 percent of the FPL, or $20,345 a year in 2026. 

Cuts to the AIDS Drug Assistance Program, which provides medication to low-income people living with HIV/AIDS, will prevent a dramatic $120 million funding shortfall as a result of the Big Beautiful Bill according to the Florida Department of Health. 

The International Association of Providers of AIDS Care and Florida Surgeon General Joseph Ladapo warned that the situation could easily become a “crisis” without changing the current funding setup.

“It is a serious issue,” Ladapo told the Tampa Bay Times. “It’s a really, really serious issue.”

The Florida Department of Health currently has a “UPDATES TO ADAP” warning on the state’s AIDS Drug Assistance Program webpage, recommending Floridians who once relied on tax credits and subsidies to pay for their costly HIV/AIDS medication to find other avenues to get the crucial medications — including through linking addresses of Florida Association of Community Health Centers and listing Florida Non-Profit HIV/AIDS Organizations rather than have the government pay for it. 

HIV disproportionately impacts low income people, people of color, and LGBTQ people

The Tampa Bay Times first published this story on Thursday, which began gaining attention in the Sunshine State, eventually leading the Democratic Party to, once again, condemn the Big Beautiful Bill pushed by congressional republicans.

“Cruelty is a feature and not a bug of the Trump administration. In the latest attack on the LGBTQ+ community, Donald Trump and Florida Republicans are ripping away life-saving HIV medication from over 10,000 Floridians because they refuse to extend enhanced ACA tax credits,” Democratic National Committee spokesperson Albert Fujii told the Washington Blade. “While Donald Trump and his allies continue to make clear that they don’t give a damn about millions of Americans and our community, Democrats will keep fighting to protect health care for LGBTQ+ Americans across the country.”

More than 4.7 million people in Florida receive health insurance through the federal marketplace, according to KKF, an independent source for health policy research and polling. That is the largest amount of people in any state to be receiving federal health care — despite it only being the third most populous state.

Florida also has one of the largest shares of people who use the AIDS Drug Assistance Program who are on the federal marketplace: about 31 percent as of 2023, according to the Tampa Bay Times.

“I can’t understand why there’s been no transparency,” David Poole also told the Times, who oversaw Florida’s AIDS program from 1993 to 2005. “There is something seriously wrong.”

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 people will lose coverage

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Colombia

Gay Venezuelan opposition leader: Country’s future uncertain after Maduro ouster

Yendri Rodríguez fled to Colombia in 2024 after authorities ‘arbitrarily detained’ him

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Yendri Rodríguez (Photo courtesy of Yendri Rodríguez)

A gay Venezuelan opposition leader who currently lives in Colombia says his country’s future is uncertain in the wake of now former President Nicolás Maduro’s ouster.

The Washington Blade spoke with Yendri Rodríguez on Thursday, 12 days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.

Maduro and Flores on Jan. 5 pleaded not guilty to federal drug charges in New York. The Venezuelan National Assembly the day before swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president.

Rodríguez, who lives in the Colombian capital of Bogotá, described the events surrounding Maduro’s ouster as “very confusing.”

“It was a very surprising thing that left me in shock,” Rodríguez told the Blade. “We also thought, at least from the perspective of human rights, that the United States was going to respect international law and not go to the extreme of bombing and extracting Maduro.”

“Other questions also arise,” he added. “What could have been done? What else could have been done to avoid reaching this point? That is the biggest question posed to the international community, to other countries, to the human rights mechanisms we established before Trump violated international law, precisely to preserve these mechanisms and protect the human rights of Venezuelan people and those of us who have been forced to flee.”

Rodríguez three years ago founded the Venezuelan Observatory of LGBTIQ+ Violence. He also worked with Tamara Adrián, a lawyer who in 2015 became the first openly transgender woman elected to the Venezuelan National Assembly, for more than a decade.

Members of Venezuela’s military counterintelligence agency, known by the Spanish acronym DGCIM, on Aug. 3, 2024, “arbitrarily detained” Rodríguez as he was trying to leave the country to attend a U.N. human rights event in Geneva.

Rodríguez told the Blade he was “forcibly disappeared” for nearly nine hours and suffered “psychological torture.” He fled to Colombia upon his release.

Two men on Oct. 14, 2025, shot Rodríguez and Luis Peche Arteaga, a Venezuelan political consultant, as they left a Bogotá building.

The assailants shot Rodríguez eight times, leaving him with a fractured arm and hip. Rodríguez told the Blade he has undergone multiple surgeries and has had to learn how to walk again.

“This recovery has been quite fast, better than we expected, but I still need to finish the healing process for a fractured arm and complete the physical therapy for the hip replacement I had to undergo as a result of these gunshots,” he said.

Yendri Rodríguez in a hospital in Bogotá, Colombia, after two men shot him eight times on Oct. 14, 2025. (Photo courtesy of Yendri Rodríguez)

María Corina Machado, who won the 2025 Nobel Peace Prize, and other Venezuelan opposition leaders said Maduro’s government targeted Rodríguez and Peche. Colombian President Gustavo Petro and his government also condemned the attack.

Colombian authorities have yet to arrest anyone in connection with the attack.

Rodríguez noted to the Blade he couldn’t sleep on Jan. 3 because “of the aches and pains” from the shooting. He said a friend who is “helping me out and looking after my things” was the one who told him about the operation the U.S. carried out to seize Maduro and Flores.

“He said, ‘Look at this! They’re bombing Caracas! And I was like, ‘What is this?'” recalled Rodríguez.

White House ‘not necessarily’ promoting human rights agenda

Rodríguez noted Delcy Rodríguez “is and forms part of the mechanisms of repression” that includes DGCIM and other “repressive state forces that have not only repressed, but also tortured, imprisoned, and disappeared people simply for defending the right to vote in (the) 2024 (election), simply for protesting, simply for accompanying family members.” Yendri Rodríguez told the Blade that “there isn’t much hope that things will change” in Venezuela with Delcy Rodríguez as president.

“Let’s hope that countries and the international community can establish the necessary dialogues, with the necessary intervention and pressure, diplomatically, with this interim government,” said Yendri Rodríguez, who noted hundreds of political prisoners remain in custody.

He told the Blade the Trump-Vance administration does not “not necessarily” have “an agenda committed to human rights. And we’ve seen this in their actions domestically, but also in their dealings with other countries.”

“Our hope is that the rest of the international community, more than the U.S. government, will take action,” said Yendri Rodríguez. “This is a crucial moment to preserve democratic institutions worldwide, to preserve human rights.”

Yendri Rodríguez specifically urged the European Union, Colombia, Brazil, and other Latin American countries “to stop turning a blind eye to what is happening and to establish bridges and channels of communication that guarantee a human rights agenda” and to try “to curb the military advances that the United States may still be considering.”

Colombians protest against U.S. President Donald Trump in Plaza Bolívar in Bogotá, Colombia, on Jan. 7, 2026. (Washington Blade photo by Michael K. Lavers)

Yendri Rodríguez told the Blade he also plans to return to Venezuela when it is safe for him to do so.

“My plan will always be to return to Venezuela, at least when it’s no longer a risk,” he said. “The conditions aren’t right for me to return because this interim government is a continuation of Maduro’s government.”

Editor’s note: International News Editor Michael K. Lavers was on assignment in Bogotá, Colombia, from Jan. 5-10.

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