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Case Name Griego v. Oliver PB-NM-0002
Docket / Court D-202-CV-201302757 ( State Court )
State/Territory New Mexico
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
National Center for Lesbian Rights
Case Summary
On March 21, 2013, four women (two couples) appeared at the Bernalillo County Clerk's Office in Albuquerque, New Mexico, seeking marriage licenses. The clerk turned them down, acting under the guidance of a previous state attorney general's opinion. The couples brought suit that same day in New ... read more >
On March 21, 2013, four women (two couples) appeared at the Bernalillo County Clerk's Office in Albuquerque, New Mexico, seeking marriage licenses. The clerk turned them down, acting under the guidance of a previous state attorney general's opinion. The couples brought suit that same day in New Mexico state court, represented by the American Civil Liberties Union (ACLU), the ACLU of New Mexico, the National Center for Lesbian Rights (NCLR), the Albuquerque law firm Sutin, Thayer & Browne, APC, and local cooperating attorneys. They argued that the marriage statute did not bar a same-sex marriage, and that they have a constitutional right to marriage equality under the state constitution's equal protection clause, due process clause, and other clauses.

On August 29th, 2013, the court (Judge Alan Malott) granted the plaintiffs an injunction against the clerks of New Mexico's Bernalillo and Sandoval Counties. And, on September 3rd, 2013, the final declaratory judgment was issued by the court. This judgment favored the plaintiffs, and announced that current state laws do not prohibit same-sex marriage, the defendants shall not deny marriage licenses to otherwise qualified same-sex couples, and that each party shall bear its own fees and costs. Griego v. Oliver, 2013 WL 5768197 (N.M. Dist. 2013).The judgment included the reasoning that though the writers of New Mexico's gender neutral marriage laws may not have considered same-sex couples when choosing the language of the statute, the state constitution of New Mexico prohibited discrimination based on sex.

On December 19, 2013, the New Mexico Supreme Court upheld the district court decision in Griego v. Oliver, 316 P.3d 865. The Supreme Court held that the state's statutory scheme prohibited same-sex marriage, but that the statutory scheme violated the state constitution equal protection clause.

An administrative order of closure for this case was issued on June 16th, 2014.

Margo Schlanger - 03/21/2013
Megan Dolan - 07/10/2014
Andrew Junker - 12/09/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) Clerk of Bernalillo County
Plaintiff Description Plaintiffs are several same-sex couples who appeared at the defendant's offices on March 21, 2013 and sought a marriage license and were denied.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
National Center for Lesbian Rights
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2014
Case Ongoing No
Case Listing PB-NM-0005 : Gering v. Garbagni (State Court)
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple‚Äôs 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
D-202-CV-201302757 (State Trial Court) 03/21/2013
PB-NM-0002-9000.pdf | Detail
State Court Website
General Documents
City Attorney's Office Opinion for Public Distribution & Inclusion in City Council Packets 03/19/2013
PB-NM-0002-0002.pdf | Detail
Complaint for Declaratory and Injunctive Relief 03/21/2013
PB-NM-0002-0001.pdf | Detail
Document Source:
Second Amended Complaint for Declaratory and Injunctive Relief 08/16/2013
PB-NM-0002-0004.pdf | Detail
Document Source: Westlaw
Final Declaratory Judgment 09/03/2013 (2013 WL 5768197)
PB-NM-0002-0005.pdf | WESTLAW | Detail
Document Source: Westlaw
Opinion 12/19/2013 (316 P.3d 865)
PB-NM-0002-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bosson, Richard C. (State Supreme Court)
PB-NM-0002-0003
Daniels, Charles W. (State Supreme Court)
PB-NM-0002-0003
Maes, Petra Jimenez (State Supreme Court)
PB-NM-0002-0003
Malott, Alan M. Court not on record
PB-NM-0002-0005 | PB-NM-0002-9000
Vigil, Barbara J. (State Supreme Court)
PB-NM-0002-0003
Monitors/Masters None on record
Plaintiff's Lawyers Esseks, James Dixon (New York)
PB-NM-0002-0001 | PB-NM-0002-9000
Gill, Elizabeth O. (California)
PB-NM-0002-0001 | PB-NM-0002-9000
Ives, Laura Schauer (New Mexico)
PB-NM-0002-0001 | PB-NM-0002-0004 | PB-NM-0002-9000
Kierst, Peter S. (New Mexico)
PB-NM-0002-0001 | PB-NM-0002-0004 | PB-NM-0002-9000
Minter, Shannon (California)
PB-NM-0002-0001 | PB-NM-0002-9000
Mostoller, Lynn E. (New Mexico)
PB-NM-0002-0001 | PB-NM-0002-9000
Smith, Alexandra Freedman (New Mexico)
PB-NM-0002-0001 | PB-NM-0002-9000
Stoll, Christopher Francis (California)
PB-NM-0002-0001 | PB-NM-0002-9000
Defendant's Lawyers Brown, Rachel A. (New Mexico)
PB-NM-0002-9000
Brown, Willie R (New Mexico)
PB-NM-0002-9000
Ross, Stephen C. (New Mexico)
PB-NM-0002-9000
Schuler, Eric W (New Mexico)
PB-NM-0002-9000
Other Lawyers None on record

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