University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Gering v. Garbagni PB-NM-0005
Docket / Court D-1329-CV-2013-01715 ( State Court )
State/Territory New Mexico
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
Case Summary
On August 29, 2013, a lesbian couple filed suit in a New Mexico State Court against the state of New Mexico and Sandoval County Clerk Eileen Garbagni. The plaintiffs, represented by the ACLU of New Mexico, sought declaratory relief on the grounds that the clerk's refusal to issue marriage licenses ... read more >
On August 29, 2013, a lesbian couple filed suit in a New Mexico State Court against the state of New Mexico and Sandoval County Clerk Eileen Garbagni. The plaintiffs, represented by the ACLU of New Mexico, sought declaratory relief on the grounds that the clerk's refusal to issue marriage licenses to same-sex couples denied them of fundamental rights and violated the New Mexico Constitution.

On September 17, 2013, the court (Judge George Eichwald) stayed the proceeding pending a decision from the New Mexico Supreme Court in a related case filed by six same-sex couples (Griego v. Oliver). In the related case, decided on December 19, 2013, the New Mexico Supreme Court ruled that the state constitution required that same-sex couples have the right to marry. The following day, the defendant stated that as soon as the court issued an official order, the Sandoval County Clerk's office would begin issuing licenses to same-sex couples.

On May 21, 2014, the court (Judge Eichwald) dismissed the case after entering a stipulated order. The case appears to be closed.

Priyah Kaul - 11/30/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) New Mexico
Sandoval County
Plaintiff Description Lesbian couple in Sandoval County, New Mexico.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2014
Case Ongoing No
Case Listing PB-NM-0002 : Griego v. Oliver (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-1329-CV-2013-01715 (State Trial Court) 05/21/2014
PB-NM-0005-9000.pdf | Detail
State Court Website
General Documents
County Clerk Ready to Issue Same-Sex Marriage Licenses 12/22/2013
PB-NM-0005-0001.pdf | Detail
Judges Eichwald, George P. (State Trial Court)
PB-NM-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Kierst, Peter S. (New Mexico)
PB-NM-0005-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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