ALBUQUERQUE, NM—This morning, same sex couples in Doña Ana County began receiving marriage licenses after County Clerk Lynn Ellins announced his office would issue them. The American Civil Liberties Union (ACLU) of New Mexico and the National Center for Lesbian Rights, two of the organizations litigating a case in the New Mexico courts seeking the freedom to marry for same-sex couples, responded:

“We agree that it’s unconstitutional to deny same-sex couples the ability to marry in New Mexico,” said ACLU-NM Legal Director Laura Schauer Ives. “We understand the urgency same-sex couples in New Mexico feel to get married. At the same time, we want to be sure that same-sex couples understand that we will not have certainty until our state courts have the opportunity to weigh in on the issue. The best way to ensure that the licenses issued today in Doña Ana County provide the lasting legal protection that same-sex couples need is for our state courts to move expeditiously to guarantee the freedom to marry for all New Mexicans.”

In addition to working in the courts, the ACLU of New Mexico is partnering with Equality New Mexico and several national organizations to educate the public about marriage for same-sex couples through the Why Marriage Matters New Mexico campaign.

“This morning’s announcement demonstrates how critical the issue of marriage equality is in New Mexico,” said Steve Allen, ACLU-NM Director of Public Policy and campaign co-manager. “It is exciting that people from around the state recognize how unfair it is to deny same-sex couples the freedom to marry. It is our hope that the energy and momentum surrounding marriage will help carry this issue quickly through the courts.”

###

ALBUQUERQUE, NM—Yesterday, the American Civil Liberties Union (ACLU) of New Mexico and the City of Albuquerque settled a lawsuit claiming that the Police Oversight Commission unconstitutionally suppressed the speech of several citizens during a meeting last December. The plaintiffs in this case, Charles Arasim, Kenneth Ellis, Silvio Dell’Angela and Eli Chavez, are all community advocates against police use of excessive force. The settlement raises several procedural reforms to the Commission’s rules designed to promote the right to free speech and citizen involvement  and a sum of $14,000 in damages and attorneys’ fees.

“We are very pleased that our rights to Free Speech were affirmed through this settlement,” said plaintiff Kenneth Ellis Jr. “As the father of a son who was wrongfully killed by Albuquerque police, I must speak out about the problems with the police and the Police Oversight Commission—even when the government doesn’t like what I have to say. No other family should have to go through what ours did.”

In addition to damages, the City of Albuquerque has agreed in the settlement to raise several procedural reforms of the Police Oversight Commission public comments processes:

• A motion to increase the public comment limit from two to three minutes will be introduced and voted on by the Police Oversight Commission.
• A motion to permit up to three people who have signed up to give public comments to the commission may donate their time to another commenter to allow for a longer presentation of complex subject matter.
• The city will set up an official email for the commission so that citizens can directly contact commissioners.
• Apart from the settlement, the City of Albuquerque also voluntarily implemented several remedies that the plaintiffs requested in the legal complaint:
• The city now validates parking for citizens who wish to speak during the public comments period of the commission, removing a financial obstacle to citizen participation in government.
• The public may now discuss any agenda issue during the public comments period.
• The public may now use law enforcement officers’ names when discussing complaints. 
• “The terms of this settlement constitute a big win for Free Speech,” said ACLU-NM Executive Director Peter Simonson. “In a healthy democracy, the public must be able to criticize their government without fear of suppression or retaliation. This settlement not only affirms that right, but expands the public’s ability to communicate with this commission.”

 
Read a copy of the settlement here.
Read a copy of the legal complaint here.
 
ACLU-NM Staff Attorney Alexandra Freedman Smith and ACLU-NM Cooperating Attorney Josh Ewing of Ewing & Ewing PC represented plaintiffs in this case.
 

###

ALBUQUERQUE, NM—Today, an alliance of community organizations and women’s advocacy groups launched “Respect ABQ Women,” a campaign to defeat the anti-abortion ballot measure that will likely appear on the Albuquerque ballot this fall. The Respect ABQ Women campaign understands that the anti-abortion ballot measure is part of a national effort aimed at making it impossible for New Mexico women, and women across the country, to access safe and legal abortions.

"As women of New Mexico we are proud of our state's history of respecting women to make real-life decisions about their lives in the best interest of their families,” said Adriann Barboa, Field Director for Strong Families New Mexico. “We launch this campaign today, representing people from all backgrounds and from all corners of our city, to ensure that Albuquerque continues to respect the personal decisions of women."

“The government needs to stay out of people’s private doctor-patient relationships,” said Rabbi Harry Rosenfeld of Congregation Albert, who also spoke against the ballot measure at the Respect ABQ Women campaign launch. “The extremely personal decision to end a pregnancy should only be between a woman, her doctor, her conscience, and her family should she choose to involve them.”

The Respect ABQ Women campaign aims to:

• Educate voters on how bans on abortion interfere with deeply personal medical decisions that belong only between a woman, her doctor, and her faith.
• Promote respect and trust for women and their ability to make decisions that affect their lives and bodies.
• Mobilize New Mexicans to stand with women and defeat attempts by out-of-touch groups to interfere in private doctor-pati ent relationships.

As part of the campaign, Respect ABQ Women launched a website, www.respectabqwomen.org, where people can learn more about the issue, sign a pledge to oppose the ban, volunteer with the campaign, and make a donation toward defeating the ballot measure. Respect ABQ Women is also reaching out to the communities that would be affected by this anti-abortion measure via Facebook and Twitter.
 

###