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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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Obituary

Thomas A. Decker of Arlington dies at 73

Active in visiting AIDS patients, urging Congress to fight HIV

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Thomas A. Decker Jr.

Thomas A. Decker Jr, of Arlington, Va., died March 3, 2026 following an extended illness, according to a statement released by his family. He was 73.

Born and raised in Canton, Ohio, Decker attended the University of Akron and earned his bachelor’s degree in political science. He then moved to the Washington, D.C. area and accepted a position with Beaver Press where he worked for 32 years, according to the statement. 

He later worked in the Inova Juniper Program working with HIV/AIDS clients to assist them with support services and was active as a volunteer visiting AIDS patients in the hospital or advocating on Capitol Hill for HIV funding.

Tommy, as he was called by family, is survived by three sisters, a sister-in-law and two brothers-in-law: Carol Decker and Kathryn Kramer of West Newbury, MA, Margaret and Thomas Williams of Bluffton, SC, Mary Sue and Timothy Desiato of New Philadelphia, Ohio, Niece’s Trina and Chad Wedekind of Jacksonville Fl and great niece Isabella, Lindsay and Will Burgette of Dublin, Ohio and great nephews Colin and Luke and Nephews David Williams of Jacksonville, Florida, and Michael and Lucy Desiato of Dublin, Ohio and great nieces Lena and Stella. In accordance with Tom’s wishes, he will be buried at Calvary Cemetery in Massillon, Ohio.

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District of Columbia

Gay candidate running for D.C. congressional delegate seat

Robert Matthews among 19 hoping to replace Eleanor Holmes Norton

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Robert Matthews (Photo courtesy of Matthews’s campaign website)

Robert Matthews, a former director of the D.C. Child and Family Services Agency, is running in the city’s June 16 Democratic primary for the D.C. Congressional Delegate seat as an openly gay candidate, according to a statement released by his campaign to the Washington Blade.

Matthews is one of at least 19 candidates running to replace longtime D.C. Congressional Del. Eleanor Holmes Norton (D), who announced earlier this year that she is not running for re-election.  

Information about the candidates’ campaign financing compiled by the Federal Elections Commission, which oversees elections for federal candidates, shows that Matthews is one of only six of the candidates who have raised any money for their campaigns as of March 17.  

Among those six, who political observers say have a shot at winning compared to the remaining 13, are D.C. Council members Brooke Pinto (D-Ward 2) and Robert White (D-At-Large). Both have longstanding  records of support for LGBTQ rights and the community.

The FEC campaign finance records show Matthews was in fourth place regarding the money raised for his campaign, which was $49,078 as of March 17. The FEC records show Pinto’s campaign in first place with $843,496 raised, and White in third place with $230,399 raised.

The Matthews campaign statement released to the Blade says Matthews’s “commitment to the LGBTQ community is not a campaign position. It is the foundation of his life and his life’s work.”

The statement adds, “As the former director of D.C.’s Child and Family Services Agency, Robert led the District’s child welfare system with an explicit commitment to LGBTQ-affirming care.” It goes on to say, “He ensured that LGBTQ, trans, and nonbinary youth in foster care — among the most vulnerable young people in our city — were served with dignity, cultural humility, and genuine support.”

Among his priorities if elected as Congressional delegate, the statement says, would be “fighting to end homelessness among queer and trans seniors and youth,” opposing “federal roadblocks” to LGBTQ related health services, and defending D.C.’s budget and civil rights laws “from federal interference that directly threatens LGBTQ  residents.”

 The other three candidates who the FEC records show have raised campaign funds and observers say have a shot at winning are:

 • Kinney Zalesne, former deputy national finance chair at the Democratic National Committee and an official at the U.S. Justice Department during the Clinton administration, whose campaign is in second place in fundraising with $593,885 raised.  

 • Gordon Chaffin, a former congressional staffer whose campaign has raised $17,950.

 • Kelly Mikel Williams, a podcast host and candidate for the Congressional Delegate seat in 2022 and 2024, whose 2026 campaign has raised  $3,094 as of March 17.

 The Zalesne, Chaffin, and Williams campaigns did not immediately respond to messages from the Blade asking for their candidate’s positions on LGBTQ issues. Their campaign websites, which address a wide range of other issues, do not mention LGBTQ issues.  

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Idaho

Idaho advances bill to restrict bathroom access for transgender residents

HB 752 passed in state House of Representatives on Monday

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The Idaho Capitol building in downtown Boise. (Photo by Rigucci/Bigstock)

The Idaho House of Representatives passed House Bill 752 on Monday, a measure that would make it a crime for a person to use a bathroom other than the one designated for their “biological sex.”

The story was first reported by the Idaho Capitol Sun after the bill cleared the House.

House Bill 752 would make it a criminal offense — either a misdemeanor or a felony, depending on the number of prior offenses — for individuals who “knowingly and willfully” enter a bathroom or changing room designated for the opposite sex.

The bill would apply to public buildings, including government-owned spaces, and places of “public accommodation,” a category that includes private businesses.

According to the bill’s text, it would “prohibit a person from entering a restroom or changing room designated for the opposite sex; provide a penalty; provide exceptions; define terms; and declare an emergency and provide an effective date.”

A first offense would be a misdemeanor, punishable by up to one year in prison. A second or subsequent offense within five years would be a felony, punishable by up to five years in prison.

The bill passed in a 54–15 vote on Monday. Six Republicans broke with their party’s majority to join nine Democrats in opposing the measure.

The bill’s sponsor, state Rep. Cornel Rasor, a Republican from Sagle near the Washington-Idaho border, told House lawmakers that the legislation is intended to protect women and girls.

“It prevents discomfort and voyeurism escalation and assaults, while preserving single-user options and narrow exceptions so no one is denied access for emergency aid,” Rasor said.

State Rep. Chris Mathias, a Democrat from Boise, disagreed, arguing that the legislation would unfairly target transgender Idahoans.

“The truth of the matter is — and I know a lot of people don’t want to say it — but forcing people who don’t look like the sex they were assigned at birth, or transgender folks, to use other people’s bathrooms is going to put a lot of people in danger,” Mathias said.

The Idaho American Civil Liberties Union made a statement about the bill following its passage.

“Idaho lawmakers continue pushing these harmful, invasive bathroom laws, yet cannot present credible evidence that transgender people using gender-aligned bathrooms threaten public safety,” the Idaho ACLU said. “The bill does nothing to address real criminal acts, such as sexual assault or voyeurism, and disregards concerns from law enforcement about the burden enforcement would place on local resources.”

In addition to human rights advocates, who have spoken out against similar bills advancing in state legislatures across the country, Idaho law enforcement groups have also opposed the measure. They argue that the way the legislation is written would “pose significant practical enforcement challenges,” noting that officers are tasked with maintaining public safety — not conducting gender checks or policing bathroom access.

During a committee hearing last week, law enforcement representatives and several trans Idahoans testified that the bill would make many residents less safe.

“Officers responding to a complaint would be placed in the difficult position of determining an individual’s biological sex in order to enforce the statute,” Idaho Fraternal Order of Police President Bryan Lovell wrote. “In many circumstances, there is no clear or reasonable way for officers to make that determination without engaging in questioning or investigative actions that could be viewed as invasive and inappropriate.”

The Idaho Sheriffs’ Association requested that lawmakers amend the bill to require that individuals be given an opportunity to leave a bathroom immediately before facing potential prosecution.

The bill now heads to the Idaho Senate for consideration. To become law, it must pass both chambers and avoid a veto from the governor.

A separate bathroom bill, House Bill 607, which would be enforced through civil lawsuits, passed the House last month but has not yet received a committee hearing in the Senate.

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