University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hanna v. Santa Fe County PB-NM-0003
Docket / Court D-101-CV-2013-1525 ( State Court )
State/Territory New Mexico
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
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' ... read more >
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.

Andrew Junker - 12/09/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Defendant-type
Jurisdiction-wide
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) Santa Fe County Clerk
Plaintiff Description Same-sex couple
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
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)
No docket sheet currently in the collection
General Documents
Plaintiffs' Petition for Mandamus to NM Supreme Court 06/27/2013
PB-NM-0003-0001.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Barkley, Jamison (New Mexico)
PB-NM-0003-0001
Egolf, Brian (New Mexico)
PB-NM-0003-0001
Ferlic, Kate (New Mexico)
PB-NM-0003-0001
Defendant's Lawyers None on record
Other Lawyers None on record

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