Case: Hanna v. Santa Fe County

D-101-CV-2013-1525 | New Mexico state trial court

Filed Date: June 6, 2013

Closed Date: 2013

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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'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, oth…

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)

People


Attorney for Plaintiff

Barkley, Jamison (New Mexico)

Egolf, Brian (New Mexico)

Ferlic, Kate (New Mexico)

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Documents in the Clearinghouse

Document

D-101-CV-2013-1525

Plaintiffs' Petition for Mandamus to NM Supreme Court

Hanna v. Salazar

New Mexico state supreme court

June 27, 2013

June 27, 2013

Pleading / Motion / Brief

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New Mexico

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: June 6, 2013

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same-sex couple

Plaintiff Type(s):

Private Plaintiff

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):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Marriage

LGBTQ+:

LGBTQ+

Affected Sex or Gender:

Female

Male