Lawyers see recent gay marriages as...

Aug 29, 2013 | Posted by: roboblogger | Full story: KRQE Albuquerque

As hundreds of gay and lesbian couples flock to courthouses around New Mexico to get married, advocates are hopeful the state's highest court will soon step in to resolve lingering legal questions and provide a uniform policy on gay marriage.

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1 - 7 of 7 Comments Last updated Aug 29, 2013

Since: Jan 08

Chon Buri, Thailand

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#1
Aug 29, 2013
 

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As I recall, the gist for overturning Prop 8 in California was that once a group has a right, it cannot be taken away for no good reason. It would follow that the right of SSM in NM cannot be taken away even by a "vote" or legislative action. Would not the same ruling eventually apply here? Comments?

“TAKIA AND TA TONKA”

Since: Aug 08

HAPPY TOGETHER!!!

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Aug 29, 2013
 

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Dubya wrote:
As I recall, the gist for overturning Prop 8 in California was that once a group has a right, it cannot be taken away for no good reason. It would follow that the right of SSM in NM cannot be taken away even by a "vote" or legislative action. Would not the same ruling eventually apply here? Comments?
As I understand from something Rick posted yesterday on another thread.........there isn't much lawyers or legislators can do at this point to prevent this because of how the State's marriage law is actually written!!!

It would be nice though to get a sweeping decision instead of one county at a time!!!

“ WOOF !”

Since: Nov 12

33.00, -111.51

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#3
Aug 29, 2013
 
States have the right to regulate marriage within their borders, not counties. The marriage laws much be uniform across the state.

If the New Mexico Legislature does not rewrite their marriage laws, for whatever reason, then the New Mexico courts, and ultimately the New Mexico Supreme Court will have to decide the matter. Let's hope the do it soon. Having a crazy quilt patchwork like this within a state can create all sorts of practical problems.

Since: Mar 09

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Aug 29, 2013
 

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Fa-Foxy wrote:
States have the right to regulate marriage within their borders, not counties. The marriage laws much be uniform across the state.
If the New Mexico Legislature does not rewrite their marriage laws, for whatever reason, then the New Mexico courts, and ultimately the New Mexico Supreme Court will have to decide the matter. Let's hope the do it soon. Having a crazy quilt patchwork like this within a state can create all sorts of practical problems.
You reason that States have an intrinsic Right to do almost anything partly because, in your theory, they predate the Fed.

Well, most Counties predate Statehood, especially in the Southwest.

“ WOOF !”

Since: Nov 12

33.00, -111.51

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#5
Aug 29, 2013
 
snyper wrote:
<quoted text>
You reason that States have an intrinsic Right to do almost anything partly because, in your theory, they predate the Fed.
Well, most Counties predate Statehood, especially in the Southwest.
The State Of New Mexico has marriage laws already obviously. The present fight is about their interpretation. Don't tell me that you believe that the COUNTIES should have a say in this ! that's RIDICULOUS (Aristophanes (it was on last nite.:)).

http://www.youtube.com/watch...

Since: Mar 09

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Aug 29, 2013
 

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Fa-Foxy wrote:
<quoted text>
The State Of New Mexico has marriage laws already obviously. The present fight is about their interpretation. Don't tell me that you believe that the COUNTIES should have a say in this ! that's RIDICULOUS (Aristophanes (it was on last nite.:)).
http://www.youtube.com/watch...
As one who comes from one of the Charter Cities of California that joined the Union by Treaty with the Kingdom of Spain, retaining (by said treaty) certain Rights and prerogatives, I may have a different and more intimate perspective than yours regarding succession of Sovereignty. Is it any wonder that we were the first municipality in the Nation to elect an openly gay Mayor?(I think it was also actually in the world) the first to declare itself a "nuclear free zone"? the first to deny the U.S. Navy's nuclear vessel the hospitality of our community ... and have it honored? to be the home of one of the two people who wrote the first draft of the Americans with Disabilities Act, and successfully campaigned for it's establishment as Law in California and then Nationally? the first in the nation to declare our city a "hate-free zone"? a town where hippies and bikers and Judges and police will sit over lunch and play chess? where the Elk's Club is where the Knights of Columbus and the Freemasons go to play poker together? where if a man can walk down the street bare-chested, so can a woman ... with no fear of molestation? the home of Red Hat, Seagate, Plantronics, Lipton, Wrigley's, Odwalla? where Neil Young, James Taylor, and Mickey Zeckley will just hangout at a table in a coffee shop and sing a few? a place where we house our poor and treat our addicted and the few homeless who are local and others just passing through never miss a meal?

I come from a place where not ALL of the unicorns were driven into the sea by the red bull.

We have different perspectives on Sovereignty.

I was taught to define it as Stewardship.

“ WOOF !”

Since: Nov 12

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#7
Aug 29, 2013
 
snyper wrote:
<quoted text>
As one who comes from one of the Charter Cities of California that joined the Union by Treaty with the Kingdom of Spain, retaining (by said treaty) certain Rights and prerogatives, I may have a different and more intimate perspective than yours regarding succession of Sovereignty. Is it any wonder that we were the first municipality in the Nation to elect an openly gay Mayor?(I think it was also actually in the world) the first to declare itself a "nuclear free zone"? the first to deny the U.S. Navy's nuclear vessel the hospitality of our community ... and have it honored? to be the home of one of the two people who wrote the first draft of the Americans with Disabilities Act, and successfully campaigned for it's establishment as Law in California and then Nationally? the first in the nation to declare our city a "hate-free zone"? a town where hippies and bikers and Judges and police will sit over lunch and play chess? where the Elk's Club is where the Knights of Columbus and the Freemasons go to play poker together? where if a man can walk down the street bare-chested, so can a woman ... with no fear of molestation? the home of Red Hat, Seagate, Plantronics, Lipton, Wrigley's, Odwalla? where Neil Young, James Taylor, and Mickey Zeckley will just hangout at a table in a coffee shop and sing a few? a place where we house our poor and treat our addicted and the few homeless who are local and others just passing through never miss a meal?
I come from a place where not ALL of the unicorns were driven into the sea by the red bull.
We have different perspectives on Sovereignty.
I was taught to define it as Stewardship.
I was taught to defend it with a gun.

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