New Mexico Supreme Court Likely To Legalize Gay Marriage, Both Sides Say

Supporters and opponents of gay marriage believe the New Mexico Supreme Court will rule in favor of allowing gay couples to marry in the state.

Nearly two dozen former and current lawmakers – all of whom are Republicans except one – on Wednesday asked the state's highest court during a 2 hour hearing to define marriage as a heterosexual union in New Mexico. The group is lead by State Senator Bill Sharer, a Republican.

Sharer sounded pessimistic during a break at the hearing.

“I think the die was cast before we came in here,” Sharer is quoted as saying by the Santa Fe New Mexican. “Whatever happens here won't be the last word. It's not over until the people have spoken.”

 
(You might recall, Sharer was the numbnuts who said gay men should stop whoring and marry women.)

Kim Kiel, a plaintiff in the case, said that she felt “really good that the outcome will be positive.”

James Campbell of the Christian conservative Alliance Defending Freedom, which is representing the lawmakers, was peppered with questions from the justices during Wednesday's hearing.

“Why shouldn't you be able to marry who you choose?” Justice Richard Bosson asked.

Campbell argued that “redefining marriage” to include gay couples would break the “inherent link between procreation and marriage.”

Justice Charles Daniels countered that straight couples without children receive all the benefits of marriage.

The debate in New Mexico was ignited by Dona Ana County Clerk Lynn Ellins, who announced on August 21 that New Mexico's marriage laws, which are phrased in a gender-neutral manner, do not prohibit gay couples from marrying and independently began issuing marriage licenses to same-sex couples. Seven counties, representing nearly 60 percent of the state's population, have joined Dona Ana in issuing such licenses, some by court order. Nearly 1,500 such licenses have been issued statewide, according to state officials.

The court did not say when it would issue a ruling.

Currently, 14 states plus the District of Columbia allow gay couples to marry.