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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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Comings & Goings

Meléndez, Rosen take new roles at Wanda Alston Foundation

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From left, Yadiel Meléndez and Ben Rosen

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Yadiel Meléndez, on their new role as Community Associate, with the Wanda Alston Foundation. Meléndez is piloting a new role as a Community Associate at the Wanda Alston Foundation, where they support queer and trans young people in finding their footing, building independence, and experiencing a housing community where they are seen, valued, and affirmed. They are coming into this role with more than a decade of experience as a community organizer and operations specialist, supporting diverse communities through service, advocacy, and program coordination.

Previously they worked for Right Proper Brewing Shaw as a server and bartender and at Sephora, Washington, DC, and at FreshFarm, DC, in bilingual food access. They also worked freelance to build foundational structures for local queer BIPOC performance art coalitions, producing variety shows to curate space for marginalized performance artists in the community. They were a production manager for Haus of Hart Productions, a BIPOC centric performance art production. They also worked as field staff with the American Foundation for Suicide Prevention in Stafford, Va.  

Meléndez is bilingual, Spanish and English. Their work is guided by a commitment to dignity, safety, and trauma-informed engagement, particularly within LGBTQ and BIPOC communities.

Congratulations also to Ben Rosen LICSW, on his new role as program director, with the Wanda Alston Foundation. Rosen previously worked with Fountain House’s OnRamps program, helping to build a new, innovative outreach program for individuals considered chronically homeless, and living with serious mental illness, in the Times Square area of New York. Rosen is a Psychotherapist, having worked with SG Psychotherapy, and as the psychotherapist with the Nest Community Health Center (URAM).

Rosen has a B.F.A. in Theatre Arts: Musical Theatre, Minor in Psychology (Cum Laude) from Malloy University Conservatory; and his M.S.W. in Clinical Practice with Individuals, Families, and Groups, from The Silberman School of Social Work, Hunter College, N.Y. He is independently licensed in New York and Washington, D.C.

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An effort to increase the number of psychiatrists of color

After 35 years in law and advocacy, Rawle Andrews Jr. returns to his roots

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Rawle Andrews, Jr. is executive director of the American Psychiatric Association Foundation. (Courtesy photo)

Rawle Andrews Jr. took an indirect path to become executive director of the American Psychiatric Association Foundation (APAF). 

From a psychology major in college to becoming a lawyer, the passion for equity and inclusion that fueled him during his years at AARP and as a professor at Howard and Georgetown universities serves as the foundation for his career in mental health.

Andrews has made it his mission at APAF to prioritize youth mental health — including in schools in D.C. and across the country — and to reduce stigma around mental illness and increase the number of psychiatrists of color practicing in the U.S. 

Andrews, who began his educational career studying psychology, said he felt out of place in college when his classmates were pursuing medical careers and he was more interested in law.

“I was the only person in my cohort who was going to law school,” he said. “Everybody else wanted to be a doctor and go to medical school.” 

Everything changed for Andrews during the COVID-19 pandemic and after George Floyd was killed by police in Missouri: Those pivotal moments reshaped national conversations about health, race, and inequality, and pushed Andrews to rethink his career.  

“I saw people deathly afraid of some disease, but also mortified by the fact that they witnessed somebody die on TV,” he said. 

After nearly 16 years working as a lawyer in private practice and 15 years at AARP, Andrews found himself pulled back to mental and “whole body” health. 

“My goal in law school was to be a courtroom lawyer all the time. If you had told me in 1990 that I would be a practicing lawyer going to court every day, I would have laughed you out of this room. If you had told me in 2010 that I wouldn’t be an in-house lawyer every day … I would have laughed you out of this room,” he said. “Everybody thinks you’re going to go straight from A to B. Life doesn’t work A to B.” 

Now, Andrews says, he has the “ability to serve the whole house.” He can help “the eight-year-old who’s struggling in middle school … the parent who’s trying to get that child through, but also caring for an older loved one … who might have some cognitive decline or mobility challenges.” 

Building a pipeline of Black mental health professionals  

In his role at APAF, Andrews has his sights set on increasing the number of psychiatrists nationwide by reducing barriers to study and success, particularly for practitioners of color, who are vastly underrepresented. 

Only about 5% of physicians are Black, and the number for Black psychiatrists is even lower at just 2%, according to the American Psychiatric Association. Widespread stigma around mental illness in communities of color, combined with “systemic barriers that keep persons of color from getting into medical school and matching for residency with teaching hospitals after graduating,” have contributed to the low numbers, Andrews says. 

Financial pressures, limited residency slots, and a lack of exposure to psychiatry as a viable career all play important roles in limiting Black representation in the field. At the same time, stigma surrounding mental health — especially in Black communities — can discourage both patients and future physicians, according to Andrews. 

He explains that this stigma is rooted in underlying fear, shame, and historic discrimination, and the only way to deal with those issues is directly. If you break those down, Andrews said, you can actually address them.

There are signs of change, though. “In the digital world, more and more people are seeing and talking about mental health all the time,” Andrews said. “And I believe more and more young doctors of all colors are deciding, ‘we need more psychiatrists, and I want to be a part of that solution.’”

Not having enough psychiatrists of color has far-reaching consequences. If you are a “non-diverse” physician or a physician practicing without humility or cultural competency, you may over-diagnose or misdiagnose a patient, said Andrews. You might assume a patient has symptoms due to your own cognitive biases.

A 2024 study in the Journal of General Internal Medicine revealed that mistrust and suspicion were high among dozens of Black patients with serious mental illness, who said they felt doctors did not take their concerns seriously or took a condescending tone with them during appointments.

This type of treatment does not promote trust or disclosure, Andrews said. “What is my advantage to be vulnerable with people who don’t think much of me, because you already thought I was broken?”  

To combat medical racism and bias, APAF runs one of the largest psychiatry pipeline programs in the world. It provides more than 1,000 medical students from underrepresented and marginalized communities with training and professional development. Programs like the Diversity Leadership Fellowship emphasize cultural competency and evidence-based practices to better serve diverse groups and at-risk populations. 

These programs have had tangible success in producing leadership in the field of psychiatry: APA’s CEO Dr. Marketa Wills, the first CEO of color and first female CEO in the APA organization’s 180-year history, was a trainee with the APAF nearly three decades ago. 

Despite efforts to make healthcare more equitable for patients of color and members of the LGBTQ+ community, many experts believe that racism and biases are more deeply ingrained in the system than many realize. For example, a 2019 study found that Black patients suffering from depression are often misdiagnosed with schizophrenia, and a 2016 study revealed that many doctors wrongly believe that Black patients have higher thresholds for pain tolerance.

“If you don’t have cultural humility or cultural competency, you could over-diagnose somebody because you’re looking for them to be ADHD, you’re looking for them to be bipolar, you’re looking for them to be schizophrenic,” said Andrews. “And then, because of the fears, the stigmas, the shame, people don’t want to go and get tested either.”  

Youth mental health focus

Andrews says many fear that telling someone else about their struggles will cause that person to look down on them. That unwillingness to share about mental health challenges can start at a young age. 

That’s why the APAF has partnered with local organizations in the Washington, D.C., area to help young people address mental health concerns. One of the programs, Our Minds Matter, operates in D.C.-area schools and other states to educate students on signs of emotional distress and how to address it. APAF also runs the Notice.Talk.Act. at School program, which helps train school staff to recognize and address student mental health issues and connect them to resources. The program was recently adopted at Jefferson Middle School Academy. 

The program is “the ‘stop, drop and roll’ of mental health,” Andrews said. “How do I notice signs and symptoms of distress in a student? How do I create an open space to talk and be a better active listener with a student who wants to share their mental health concerns and then act?” 

APAF’s program, funded by the Substance Abuse and Mental Health Services Administration (SAMHSA) and free to schools, trained about 890 school staff members across the country in 2024, and boasts a 70% reduction in truancy and 89% reduction in disciplinary referrals, according to the foundation. 

Notice.Talk.Act. is not just in schools — there are versions for home, for college, for the workplace.

Andrews hopes that this work with the APAF will reduce the stigma surrounding mental health struggles and improve access to culturally competent care. But he acknowledges there’s still a long way to go. 

“We are planting and sowing seeds now and fertilizing the soil and tilling the soil,” he said. “We know that the next generation of doctors is going to look closer to the way the population looks. But ultimately, we still haven’t done enough.”  

(This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser. Jebeh Pajibo is a senior at Bard High School Early College DC, one of Youthcast Media Group’s journalism class partners. Sarah Gandluri, a UNC-Chapel Hill sophomore, is an intern and former high school participant with YMG. YMG founder, former USA Today health policy reporter Jayne O’Donnell, contributed to this report.)

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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