Both supporters and opponents of marriage equality think the state spring court is likely to approve it when it makes its ruling.
The Santa Fe New Mexican reports:
“I think the die was cast before we came in here,” State Sen. Bill Sharer, R-Farmington, told a reporter during a break at the hearing. Sharer is part of a group of current and former Republican lawmakers who have filed lawsuits trying to stop county clerks around the state from issuing marriage licenses to same-sex couples. But, he added, “whatever happens here [in the Supreme Court] won’t be the last word. It’s not over until the people have spoken.”
Santa Fe couple Rose Griego and Kim Kiel — who are plaintiffs in the case before the high court Wednesday — both expressed optimism after the hearing. “I’m super excited,” Griego said. “It’s historic, and I’m so happy that this is going to help a lot of people.” Kiel agreed. “I feel really good that the outcome will be positive.” Griego and Kiel got married in Santa Fe in August after a judge ordered County Clerk Geraldine Salazar to issue marriage licenses to same-sex couples.
The Advocate has some of the highlights from Wednesday’s hearing.
Attorney Maureen Sanders, who is representing the six same-sex couples who initially filed the suit, argued that it was unconstitutional to deny gay and lesbian New Mexicans the right to marry their partner. Sanders also countered the opposition’s argument that marriage is intended primarily as a vehicle for procreation, a worn-out and tired trope repeatedly offered as legal justification for discrimination by those who oppose marriage equality. Sanders said that marriage is “a relationship between two individuals, whether or not they want to have children,” reports the The New Civil Rights Movement. Sanders also pointed out that there is no “litmus test” for procreation, and asking couples before they’re allowed to marry if they will have children is not only unprecedented but would violate that couple’s right to privacy.
It’s all over but the waiting.
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