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New Mexico Attorney General Patricia Madrid
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Same-sex couples prepare for next step in marriage war
Brief opportunity to get marriage licenses ‘is a step’
Published Thursday, 26-Feb-2004 in issue 844
ALBUQUERQUE, N.M. (AP) – When Ann Nihlen woke up recently, she didn’t feel like her usual self. The university professor felt giddy.
“Did we just have this crazy wonderful dream?” the newlywed asked her partner of 18 years. “We looked around and said ‘No.’ It wasn’t a dream. We had a party. The house was full of people.”
Nihlen and Lisa Wisdom had reason to celebrate. They were among dozens of same-sex couples who tied the knot at the Sandoval County clerk’s office before New Mexico Attorney General Patricia Madrid threw a wrench into the proceedings.
The celebration continued, but Nihlen and others pointed to the cloud of legal uncertainty and political posturing now swirling around the debate over marriage for gays and lesbians in New Mexico.
“We need to determine what we’re going to do next,” Nihlen said, adding that she’s still certain of one thing – that she won’t back away from her marriage certificate.
“I think we’re legal,” she said. “I don’t think they can take that away from us.”
Opponents, including church officials and some Republican lawmakers, have complained that marriage for gays and lesbians runs contrary to state law, raises moral questions and undermines the value of marriage between a man and woman.
Gov. Bill Richardson, who opposes such marriages, said bringing the debate to New Mexico is unhealthy for the state. He expects the state Supreme Court ultimately would have to resolve the question of whether state law allows for marriage licenses to be issued to a gay or lesbian couple.
Madrid said in a letter that state law limits marriage in New Mexico to a man and a woman and that in her judgment, no county clerk should issue a marriage license to same-sex couples.
Sandoval County Clerk Victoria Dunlap, saying state law was vague, set the wheels rolling when she announced she would issue marriage licenses to gay and lesbian couples.
“It’s certainly time we make a decision on this,” said Dunlap, described by many as a conservative Republican. “We might as well find out at least what the people feel about this issue and resolve it.”
Dunlap said she was unaware of any law prohibiting licenses from being issued for same-sex couples. She sought an opinion from County Attorney David Mathews after getting a call earlier from someone asking about such ceremonies.
Sixty-six couples filed for marriage applications and more were standing in line outside Dunlap’s office in Bernalillo on when Madrid’s letter was released. The clerk’s office was forced to stop issuing the licenses, inciting boos from the crowd.
Noreen Richards and Bernadette Koh of Albuquerque were several couples away from filing for their license when county officials halted the proceedings.
“It was emotional,” Richards said. “But my well-being is not riding on whether a state or federal government says I can get married.”
Richards said she and Koh made a commitment to each other 11 years ago in front of their family and friends. She said having Koh ask her to get married again was more meaningful than actually getting a certificate from the clerk.
“For me, we are married,” Richards said. “Her money is my money, her debt is my debt, her health is my health, her issues are my issues. We’re married so things don’t change for us.”
For others, it was devastating to watch the door close on their chance at a marriage license. Couples came from as far away as Gallup and Las Cruces.
Linda Siegle, a lobbyist representing the gay and lesbian rights group Coalition for Equality, said the coalition will be weighing all of its options while it waits for a formal opinion from the attorney general.
The Rev. David Gant, who performed at least 40 impromptu wedding ceremonies on the courthouse lawn, offered a piece of advice to all of the couples: “Hold on to your certificates because it’s not done.”
“I believe this has been positive because now everyone knows about it and people are thinking about it,” he said.
For Nihlen, the event marked the beginning of change in New Mexico.
“We have wanted the rights that heterosexual married couples have but we thought it was going to be a much longer struggle – which it still will be – but we got a little break for a few hours,” she said. “It really is a step.”
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