County Clerks Intervene in Gay Marriage Case

A district judge iu Albuquerque today approved a motion by New Mexico county clerks to intervening in the case the American Civil Liberties Union filed early this year on behalf of several lesbian couples denied marriage license in Bernalillo County.

Here's a news release from Santa Fe County Clerk Geraldine Salazar:

All 33 County Clerks voted yesterday via a Clerk’s Affiliate teleconference to move forward requesting the New Mexico Association of Counties (NMAC) to intervene on their behalf.  The NMAC Executive Board  voted (20 in favor, 0 voting against, with one abstention) to authorize Steve Kopelman and Daniel Ivey-Soto to file a motion to intervene in the Griego v. Toulouse Oliver and Salazar lawsuit in Bernalillo County involving the issuance of marriage licenses to same-gender couples.”   

       
Santa Fe County Clerk, Geraldine Salazar states, “today New Mexico County Clerks filed an unopposed motion to intervene requesting guidance from the New Mexico Supreme Court regarding same-gender marriage in New Mexico.”  The two major questions the Clerks have, “are all counties legally bound to issue marriage licenses to same-gender couples as a constitutional matter; and requesting clarification on whether Clerks have the authority to change the statutory marriage application form to gender neutral language.   “The Clerks also agreed to be named as interveners under the umbrella of the NMAC.” 

... Salazar states, “We want direction from the New Mexico Supreme Court.  I have been ordered by two district courts to issue same-gender marriage licenses and not ordered to change the statutory marriage application to gender neutrality.  I want clear judicial authority to do so.” 

Today at 2:27 p.m., the Clerks received information that Judge (Alan) Malott approved Intervenor status by NMAC and the 31 County Clerks not in the Griego v. Toulouse Oliver and Salazar case.  Daniel Ivey-Soto stated, “This is the first step on our way to the Supreme Court.” 

UPDATED 4 p.m. The American Civil Liberties Union just issued this response to the clerks' intervention:
“We believe that the county clerks intervening in our lawsuit puts New Mexico on an expedited path towards a statewide marriage solution which would provide more certainty for the same-sex couples who married in our state. We are hopeful that the Supreme Court will agree with the lower court decision which held that denying marriage to committed, loving same-sex couples is unconstitutional.”

One Announcement, One No-Announcement-Yet

Former state Democratic Party Chairman Javier Gonzales announced this morning that he will make the crowded race for mayor even more crowded.

Sen. Michael Sanchez

He made it official at a crowded Cafe Castro's on Cerrillos Road surrounded by family -- including his father, former Mayor George Gonzales -- friends and supporters. You can read my first report on that HERE and there will be more in tomorrow's New Mexican.

Some reporters, including me, thought state Senate Majority Leader Michael Sanchez might be making his announcement that he'll seek the Democratic nomination for governor this morning at a scheduled interview at KUNM.

But we were wrong. Sanchez said he hadn't come to any decision yet but promised to announce whatever he decides by Labor Day.

Sanchez, D-Belen, was blunt about the fact that he's been going back and forth on his decision. "Had you asked me Monday, I'd have said `no,' but if you'd asked me yesterday, I'd have said `yes.'" He later said that when he left his driveway this morning, he was thinking he'd make the announcement on the radio today.

But he didn't.

Sanchez said he has had some discussions with possible campaign staff members and has looked at polling that indicates Republican Gov. Susana Martinez -- who has had public polls showing her having an approval rating better than 60 percent -- could be vulnerable.

But one of the factors giving him hesitation is the fact that he'd have to spend a whole year campaigning. Sanchez, a lawyer by trade, said he has cases with clients who might need his attention past the November 2014 general election.

He noted that he's used to running local, not state, races, in which going door to door is the chief method of campaigning. He said he would hate to give that up. Sanchez also said he wouldn't want to trust a statewide campaign to out-of-state campaign professionals.

Sanchez, 63, was hospitalized twice during this year's legislative session. The first time, he underwent an angioplasty stent procedure. But this morning, the senator he's feeling fine and had gotten a clean bill of health from his cardiologist.

When I told Sanchez that he didn't sound like a man who was going to run for governor, he said, "My wife tells me just the opposite."

I guess we'll know by Monday.

UPDATE: 3:10 pm Here's a video released by Gonzales' campaign. That green chili in the first frame reminds me I've got to get another bag roasted this weekend.

Robert Nott's Learning Curve

A big welcome to Robert Nott, my colleague at The Santa Fe New Mexican, to the world of blogging.

His new education blog Learning Curve launched this week,

You can find it HERE

The blog will feature news about education in Santa Fe, links to national stories about education and sometimes disturbing tales of his personal childhood trauma like this one:

When I was an elementary-school age kid, I used to bring lunch in those cool old lunch boxes that are now worth thousands of dollars (I gave ‘em all away) until one of my least favorite teachers, who we shall call Mrs. Friedelholz, came by one day and, upon spying my home-made peanut butter and jelly sandwich, said to everyone at my table, “Doesn’t that look delicious?” as she stuck her middle finger in the middle of the bread. I have no idea why she did that, but she also did that to cupcakes I brought from home, diminishing my appetite for them considerably.

Check out and subscribe to Learning Curve.

Common Cause Honors Rep. Jim Smith

Common Cause New Mexico is honoring Rep. Jim Smith, R-Sandia Park, with its Best in Government Award.

According to a news release, Smith, a high school science teacher, was "an obvious choice" because of "his commitment to Common Cause New Mexico priorities and our work to secure an open, transparent government and access to voting for all qualified voters."

Damn, I thought he was getting the award because he brought Dog the Bounty Hunter and robots to the Roundhouse this year.

 Viki Harrison, the group's executive director said,  "CCNM is proud to work with a leader who crosses the aisle to get work done for the people. Rep. Smith exemplifies what true leadership is in New Mexico, and he is a pleasure to work with for open and accountable state government.”

In the news release Smith is quoted:

“Transparency in government is an issue that is important to all New Mexicans, and I am proud to receive this award from CCNM for my part in making New Mexico more open and accessible for our citizens. CCNM has been a great partner along the way, and I am thankful for their support as we pass legislation that makes all government in New Mexico more accountable to the public. Together we are making great strides towards transparency, but our work isn’t complete.  We will continue listening to our citizens to ensure they have confidence in their government, and that the confidence is well-deserved.”

This is interesting to me because Common Cause has been accused by some state Republicans as being a "liberal" or even "Democratic" group. (Actually its founder John Gardner, was a Republican.)  

Common Cause New Mexico will honor Smith at its annual luncheon on Oct. 5. For more information CLICK HERE

Taos County Latest to Allow Gay Marriage

Hard to imagine that just a week ago there was no gay marriage in New Mexico. Now there are six counties in the state that are issuing or about to start issuing marriage licenses to homosexual couples.

Dale Schuette, center, and his partner Reg Stark, right,
rush to hug Taos County Clerk Anna Martínez.
Photo by Tina Larkin, Taos News 

Hopping on what has become a gay marriage bandwagon Tuesday morning were San Miguel and Valencia counties. And later in the afternoon, according to my paper's sister paper The Taos News, Taos County had joined them.

According to the story by reporter Andrew Oxford:

Taos County Clerk Anna Martínez will begin issuing marriage licenses to same-sex couples Wednesday morning (Aug. 27) following an order from the Eighth Judicial District Court. 

Dale Schuette and Reg Stark were turned away when they applied for a  marriage license at the clerk's office Monday morning (Aug. 26). 

The clerk cited the ambiguity of New Mexico law in rejecting the couple's request.
The couple filed a petition for a writ of mandamus seeking a court  order Tuesday (Aug. 27) and were granted a hearing that afternoon. ... 

During the hearing, (Judge Jeff) McElroy said Schuette and Stark had legal  standing to marry in Taos County but were only denied a license due  to their gender. McElroy said New Mexico law did not prohibit the couple from marrying and signed the writ of mandamus commanding Martínez to issue the couple a license or present a legal argument why she could not. 

Martínez said she did not intend to challenge the ruling. ...

Meanwhile, I spoke with two county clerks today -- Sharon Stover of Los Alamos County and Eileen Garbagni who said they would not be issuing licenses to same-sex couples until they receive a court order. But Garbagni added, "I'm sure eventually, I'll be doing it."

In case you've lost count, the other counties allowing gay marriage are Santa Fe, Dona Ana and Bernalillo.

Wertheim Running for Treasurer

Former state Democratic Party Chairman John Wertheim said Monday he will run for state treasurer.

"I've been looking at all these economic headlines, about New Mexico being ranked 50th for child welfare and New Mexico being the only state in the Rocky Mountain region with negative job growth," he said in an interview. "All this stuff is unacceptable.

He said he would use the treasurer's office as a "bully pulpit" to push progressive economic policies. He pointed out that the treasurer is the only state official to sit on all state economic boards and commissions — such as the state Board of Finance, the state Finance Authority and the State Investment Council — which means the treasurer has influence in several areas dealing with economics.

One priority, he said would be to promote a proposed constitutional amendment to fund early childhood education by taking more money from the state's permanent fund. Such proposals have been derailed in the Legislature in recent years.

A Santa Fe native, Wertheim, 45, is a lawyer. He's a 1990 graduate of Yale University who earned his law degree at the University of New Mexico in 1995.

Other declared candidates for treasurer include Democrats Tim Eichenberg, a former state senator and former Bernalillo County Treasurer Pat Padilla.

Here's a campaign video:

Two Couples in ACLU Lawsuit Are Getting Marriage Licenses

Rose Griego and Kim Kiel Photo taken in March on the
day the ACLU filed a lawsuit against the Bernalillo County
clerk for denying them and another couple marriage licenses

Following a court ruling this afternoon at least two couples in a gay-marriage lawsuit filed by the American Civil Liberties Union and other organizations say they plan to get their marriage licenses.

State District Judge Alan Malott ruled that Bernalillo and Santa Fe counties cannot discriminate against same-sex couples seeking marriage licenses.

Kim Kiel and her partner Rose Griego, both of Santa Fe, will get their license, though they won't be married right away. "We're not sure when," Kiel told me after the  court hearing. "Possibly in October."

Likewise,  Tanya Struble and Therese Councilor of Jemez Springs told The Associated Press that they’re unsure whether to be married immediately or wait for a ceremony that can be attended by family and friends. “We’ve never done this,” Struble said after the hearing.

Malott's decision means the three largest counties in the state -- Bernalillo, Dona Ana and Santa Fe -- are allowing gay marriage.

Peter Simonson,  executive director ACLU-NM said in a statement,  “This is a great day to be a resident of New Mexico.  Our state is now on the brink of joining the growing list of states who live and honor the values of family, liberty and love.  Every family in this state is made richer by this step toward justice for all.”

However state Sen. Bill Sharer, the most outspoken opponent of gay marriage in the Legislature also issued a statement that said, “Our legal team continues to review how to stop the usurping of the legislative function by some district court judges in regards to marriage in the state; and it continues to review how to stop the lawless actions of the Dona Ana County Clerk.

"It is up to the New Mexico State Legislature, with the consent of the Governor of New Mexico, to make laws and for county clerks and district court judges to abide by them," Sharer said. "They do not make the laws."