Filed Date: June 6, 2013
Closed Date: 2013
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On June 6, 2013, a same-sex couple filed a writ of mandamus in state district court for the county of Santa Fe, New Mexico. The plaintiffs, represented by private counsel, requested the court to compel the Santa Fe county clerk to issue them a marriage license. The plaintiffs claimed that the state's definition of marriage did not limit it to opposite-sex couples. They also claimed that being denied a marriage license violated the New Mexico Constitution's equal protection clause. Moreover, other county clerks had issued marriage licenses to same-sex couples.
On June 27, 2013, the plaintiffs requested that the district court dismiss their case, and filed a writ of mandamus with the state supreme court, which has jurisdiction to hear original mandamus requests "where a fundamental constitutional question of great public importance is presented." The district court dismissed the case, and their writ was filed with the supreme court.
On Aug. 15, 2013, the New Mexico Supreme Court denied the petition "without prejudice to the parties to pursue litigation of issues in the lower court with a right to request expedited review."
The plaintiffs brought the writ back to district court. On Aug. 22, 2013, the court (Judge Sarah Singleton) granted the writ and ordered the county clerk to issue them a license or show cause why the county should not comply.
As this case was being appealed, on Dec. 19, 2013, the New Mexico Supreme Court ruled in a unanimous decision that the state's constitution required the issuing of same-sex marriage licenses in another case, Griego v. Oliver.
The Griego decision affirmed the district court's decision in this case.
Summary Authors
Andrew Junker (12/9/2014)
Barkley, Jamison (New Mexico)
Egolf, Brian (New Mexico)
Ferlic, Kate (New Mexico)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New Mexico
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
Key Dates
Filing Date: June 6, 2013
Closing Date: 2013
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Same-sex couple
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Santa Fe County Clerk (Santa Fe), County
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
General:
LGBTQ+:
Affected Sex or Gender: