The New Mexico Supreme Court has chosen not to rule on whether or not same sex marriage is already legal in the state of New Mexico.
The state Supreme Court has denied requests by same-sex couples from Santa Fe, Albuquerque and other communities who had asked the justices to declare gay marriage legal.
Two lawsuits were filed directly with the court to try to get a speedy decision, but the justices rejected them on Thursday in brief orders without a detailed explanation. However, the justices said the gay marriage issue could be pursued in a lower court “with a right to request expedited review.”
There’s no provision in New Mexico law specifically authorizing or prohibiting gay marriage. County clerks have denied marriage licenses to same-sex couples in part because there is a marriage license application form in state statutes that contains sections for male and female applicants.
The problem has been that gay marriage was only conceived in the late 90’s. Marriage in New Mexico has, for hundreds of years, been between one man and one woman. Finding otherwise is intellectually dishonest.
The NM Supreme Court will be willing to consider the suits once lower courts rule. The court has given assurances that once the cases have been heard by the lower courts, it will expedite hearing the cases.
Activists have been working to pass legislation to legalize same sex marriage for years particularly during the Bill Richardson’s tenor as governor. Those efforts have failed to pass the New Mexico roundhouse every time they have been attempted. As has been true through out the United States, when legislative efforts fail to redefine marriage, activists use the courts and activist judges to overturn the will of the people and the morality of the country.
