With same-sex marriage now the law of the land in New Jersey, the battle to bring America kicking and screaming into equality one state at a time moves to New Mexico's Supreme Court.
The highest court in New Mexico is set to take up a case on Wednesday that gay rights activists hope will soon make New Mexico the 15th state to recognize same-sex marriages.
At issue is the same basic question arising in a growing number of courts across the country: Do gay men and lesbians enjoy a constitutional right to marry?
Such litigation has taken on increased momentum following the US Supreme Court’s decision in June invalidating a portion of the Defense of Marriage Act.
Although the DOMA decision did not address the more fundamental constitutional issue, gay rights advocates are seizing on language from the decision to lay the ground work for a series of constitutional showdowns in both federal and state courts across the country.
On Wednesday, that campaign arrives at the New Mexico Supreme Court, where the court’s five justices will be asked to determine whether the state constitution requires recognition of same-sex marriages statewide.
“The plaintiffs have asked us to apply fundamental principles of constitutional law,” Albuquerque lawyer Peter Kierst, working with the ACLU of New Mexico, told reporters in a briefing.
“When the state creates a benefit it must make the benefit available to all equally,” he said. “Similar people must be treated similarly.”
New Mexico is the only state that hasn't weighed in one way or the other with any laws, referendums, or constitutional amendments either banning or allowing same-sex marriage, so this is a rather big case. The plaintiffs are arguing that the SCOTUS decision on DOMA in June means that New Mexico has to weigh in on the affirmative here, given that the state hasn't taken a position yet. We'll see what the court has to say, but I'm betting the state's nickname as Land of Enchantment will take on a very special meaning and soon.
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