Tuesday, August 27, 2013
Following up on Becky's posting today on same-sex marriages and federal benefits, it is timely to report that another state, New Mexico, has taken a major step towards confirming marriage rights for same-sex couples.
On Monday, August 26, New Mexico District Court Judge Alan Malott granted mandatory injunctive relief in the state's most populous county (Bernalillo, surrounding the city of Albuquerque), ruling that New Mexico's Constitution prohibits discrimination in marriage licensing on the basis of sexual orientation. Last week a similar ruling in favor of same-sex marriages was issued in Santa Fe County's District Court.
News reports indicate that the Bernalillo County Clerk's office began issuing marriage licenses to same sex couples today, August 27, 2013.
For those who might ask "why are these cases case reported on an Elder Law blog?," remember the lead plaintiff in U.S. v. Windsor, 133 S. Ct. 2675, decided June 26, 2013, was an older adult, challenging the adverse estate tax consequences of the IRS's refusal to recognize the validity of her marriage, following the death of her long-time partner.