- September 27, 2013
Post submitted by Adam Bradley, HRC Communications Intern
Republican state legislators in New Mexico advanced some familiar—and wrongheaded—arguments against marriage equality to the state’s highest court this week.
Even as eight New Mexico counties have begun issuing marriage licenses to same-sex couples, nearly two dozen current and former GOP lawmakers filed a brief urging the state Supreme Court to declare that state law prohibits same-sex marriage. The State of New Mexico has neither an express authorization for same-sex marriage nor an express prohibition.
The American Civil Liberties Union and the National Center for Lesbian Rights brought the case forward in March 2013, arguing to extend this fundamental right to all committed and loving couples.
The GOP brief contends that same-sex couples don’t deserve the same treatment under the law as other couples because they cannot procreate, conveniently ignoring the fact that many same-sex couples raise children, reported Think Progress. It also argues that same-sex couples should not be considered what New Mexico courts call a “sensitive” class, which would entitle them to stricter protections under the state Constitution, because they have far too much political sway:
“Unlike women or persons with mental disabilities—groups that this court has previously classified as sensitive—same-sex couples possess political power that vastly exceeds their small percentage of the population.”