Early this month, the Iowa Legislature heard testimony from 19 year-old Zach Wahls as it considered amending the Iowa Constitution to reflect the discriminatory views of an ever-shrinking percentage of the public by limiting the legal definition of marriage to a union between one man and one woman. Zach eloquently delivered his message as a student at the University of Iowa, an owner of a small business, and a successful son of two proud and loving mothers. In his brief address, Zach touched upon some of his most deeply-seated beliefs and most influential experiences that portray a compelling picture of everyday life in a family headed by a same-sex couple – a picture that would appear very familiar to families everywhere in almost every aspect. Zach and his family do have an alternative story, however. Due to statutory prohibitions on the freedom to marry, same-sex couples and families have long been denied the rights that many take for granted and could not imagine living without. Unfortunately, Iowa does not stand alone in its push for a Definition of Marriage Amendment (DOMA) – New Mexico is currently considering not one, but three separate DOMA bills in the 2011 Legislative Session (HJR 7 and SJR 4, which define marriage and HJR 8 that prohibits legal recognition of out-of-state same-sex marriages).

httpv://www.youtube.com/watch?v=FSQQK2Vuf9Q

By amending the New Mexico Constitution to limit marriage to opposite-sex couples, the people of New Mexico would codify into law the discrimination that Zach and many others cite as the most formidable barrier to societal inclusion that LGBT families face today. Indeed, the meaning of marriage extends far beyond mere fiscal benefits associated with civil unions. Constitutional amendments that limit the definition of marriage define far more than the meaning of a word – they define the way in which many American families live, interact with their neighbors, and identify themselves.

Discriminatory practices and attitudes against LGBT individuals and families have been entrenched in our society for too long, and the time is ripe for swift and effective change. Now, more than ever, public sentiment favors fair treatment to discrimination, equality over exclusion. Same-sex couples that once were forced to love in silence now declare publically their commitment to each other and to the families they raise, stating unequivocally that they do not wish to change the institution of marriage – they merely want to join it.

The ACLU strongly opposes the passage of these discriminatory and unconstitutional DOMA bills which deny the freedom to marry to gay and lesbian couples. However, the push for equal rights to marriage must begin and end with the people:

Please inform your state representative and senator that you oppose amending the Constitution to make discrimination official policy in New Mexico.

Ryan Schotter

Intern - ACLU of New Mexico

FOR IMMEDIATE RELEASE
January 31, 2011
CONTACT: Micah McCoy, (972) 740-6675 or [email protected]
SANTA FE, N.M. - Today, the American Civil Liberties Union of New Mexico (ACLU-NM) strongly condemned Governor Susana Martinez's executive order that mandated that police check the immigration status of everyone they arrest. This order rescinds Governor Richardson's order that instructed local law enforcement to refrain from inquiring into a suspect's immigration status.
The following can be attributed to Peter Simonson, ACLU Executive Director:
"This executive order invites racial profiling by giving an incentive to police to arrest people who look and sound "foreign." New Mexicans should not have to fear that a broken taillight or other pretextual stop will lead to their arrest because of the color of their skin. Gov. Martinez has created a SB 1070-like policy, contradicting her own commitment to keep our state from following in Arizona's footsteps."
The text of Governor Martinez's executive order can be found at: http://governor.state.nm.us/uploads/FileLinks/20e5f2e740f34a2297a940e2ba...

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LAS CRUCES, N.M. - Today, the ACLU of New Mexico Regional Center for Border Rights (RCBR) released the report Outsourcing Responsibility: The Human Cost of Privatized Immigration Detention in Otero County detailing inhumane detention practices in the Otero County Processing Center in Chaparral, N.M. RCBR Program Coordinator Emily Carey, the report's author, compiled the information from numerous site visits and over 40 interviews with current and past detainees.

Opened in 2008, the Otero facility has the capacity to house up to 1,086 immigrant detainees through an exclusive contract between Otero County and Immigration and Customs Enforcement (ICE). Contract obligations are fulfilled by a subcontract with a for-profit, private prison company, Management and Training Corporation (MTC), which, in turn, subcontracts with Physicians Network Association (PNA) for health services. Both MTC and PNA have been sued in New Mexico and elsewhere for alleged negligence and deliberate indifference.

In fall of 2008, the ACLU of New Mexico Regional Center for Border Rights (ACLU-NM) began to receive complaints from detained immigrants in Otero alleging due process violations and inhumane conditions of confinement. In September 2009, ACLU-NM staff formalized these encounters and conducted a series of in-depth interviews with detained immigrants to better understand the conditions in which they are held. Despite ICE’s announcement in October 2009 to reform the immigration detention system, the ACLU continued its efforts to assess the daily reality of immigrants living in a privately operated facility. Though these findings focus on the Otero County Processing Center, they highlight the civil and human rights violations that often occur when the federal government cedes responsibility for civil immigration detention to private prison management companies. Transparency, oversight and accountability—and ultimately the civil and human rights of immigrants for whom the agency is responsible—are degraded in privatized detention center settings. As ICE continues to work towards reform, the increased reliance on private contractors to manage and operate ICE facilities must be re-evaluated. The voices in this report are indicative of why immigration detention reform was and is necessary, and the continued steps that are needed to ensure humane treatment of immigrants in detention.

There were five general areas of concern addressed in this report: (1) limited access to justice, (2) inadequate conditions of confinement, (3) insufficient medical and mental health care services, (4) extended ill effects on detainee’s family and community, and (5) needed improvements in accountability and oversight.