Couples who marry in Massachusetts cautioned not to expect major change in New Mexico’s treatment of same-sex marriages
FOR IMMEDIATE RELEASE: Thursday, July 26, 2007 CONTACT:  Whitney Potter, ACLU of New Mexico (505) 266-5915 ext 1003 or Alexis Blizman, Equality New Mexico, (505) 980-3100
ALBUQUERQUE—The American Civil Liberties Union and Equality New Mexico welcomed news today that the Massachusetts Public Health Department recently notified state clerks there that same-sex couples from New Mexico should be allowed to marry in Massachusetts.  The groups, however, caution same-sex couples not to expect the state to recognize their marriages when they return home to New Mexico.
“We are extremely proud of the work of our colleagues who led the charge to secure marriage for same sex couples in Massachusetts,” said ACLU of New Mexico Executive Director Peter Simonson.  “But the change in policy is unlikely to have a significant effect on same-sex couples here in New Mexico.  Same-sex couples have had the option of marrying in Canada and other countries for years now, and while we have made tremendous progress in persuading the state that it’s unfair to deny same-sex couples legal protections for their families, we still have a ways to go before we can expect the state to recognize the marriages of same-sex couples.”
On Thursday, July 18th, the Registrar of the Massachusetts Registry of Vital Records and Statistics, Stanley Nyberg, sent a letter to all city and town clerks on July 18th notifying them to allow same-sex couples from New Mexico to apply for marriage licenses in Massachusetts.  The change in policy was in response to demands from the Gay and Lesbian Defenders (GLAD) who secured the legal ruling from the Massachusetts high court ruling that it was unconstitutional to bar same-sex couples from marrying there.  GLAD argued that a 1913 Massachusetts law barring state clerks from issuing licenses to anyone who was barred from marrying in their home state does not apply to New Mexicans because New Mexico does not have a law specifically barring marriages by same-sex couples.
“New Mexico may very well become a leader in the struggle for marriage for same-sex couples,” said EQNM Executive Director Alexis Blizman.  “But the one thing we’ve learned over the past few years, it that we can’t expect change to happen over night.  This past year we came awfully close to getting a comprehensive domestic partner bill passed, and we are confident we can secure the votes we need to get it passed in the coming session.  And rest assured that we are going to keep working to change hearts and minds until all New Mexicans understand that it’s unfair to deny same-sex couples and their families all of the legal protections and the social recognition that comes with marriage.”

###

Players and To’hajiilee School Board of Education Sue State Police Officers

TO’HAJIILEE, NM—The American Civil Liberties Union (ACLU) of New Mexico filed a lawsuit today on behalf of To’hajiilee Community School basketball players and the To’hajiilee School Board of Education, Inc., against three New Mexico State law enforcement officers for their illegal searches during a regional basketball tournament.

“Fortunately, our young clients know that the police cannot just willy-nilly accuse them of a crime and then detain and search them, and they also know that something is very wrong when the police arbitrarily turn their power against Native Americans and no one else,” said Jane Gagne, ACLU of New Mexico co-legal director.

On March 3, 2006, basketball teams from the To’hajiilee Community School, Temple Baptist High School, the Springer High School, and the Des Moines High School competed in a regional basketball tournament hosted by Des Moines High School, in Des Moines, New Mexico. During the tournament the Temple Baptist coach reported to the police that items had been stolen from their locker room.  After items were reported missing, the police searched only the To’hajiilee team members, despite statements from coaches that the search was not necessary, and no indication that any To’hajiilee player had taken the items.  To’hajiilee is a Chapter of the Navajo Nation, and the To’hajiilee Community School is a Native American high school.

The policemen ordered the To’hajiilee team to line up on the basketball court, in front of the spectators, and then ordered the team to go into the locker room, where the team members were confined while the policemen searched their belongings.  Following the search in the locker room, police officials searched the To’hajiilee team bus which had been locked and attended to by the bus driver the entire time the alleged thefts could have occurred.  Police officials neither requested nor received consent to search any of the team members’ belongings or the To’hajiilee team bus, nor did they have any reason to believe that any of the To’hajiilee team members had stolen the items or that they would be on the team bus.  None of the stolen items were found.

“Police officials do not have a blank check to conduct searches at their will,” said Whitney Potter, spokesperson for the ACLU of New Mexico.  “Allowing police to conduct these kinds of searches of students with no consent or probable cause turns our schoolhouses into jailhouses.”

ACLU of New Mexico Staff Attorney George Bach and co-legal directors Jane Gagne and Phil Davis filed the lawsuit today in the U.S. District Court in Albuquerque.

###

Related Documents:

ToHajiilee Complaint

FOR IMMEDIATE RELEASE June 21, 2007
CONTACT: (505) 266 5915 ext. 1003
LAS CRUCES, NM—The American Civil Liberties Union (ACLU) of New Mexico has settled a lawsuit against New Mexico State University (NMSU) head football coach Hal Mumme on behalf of four Muslim players who claim they were victims of religious discrimination.  The parties have agreed to keep the amount of the settlement confidential for six months.
“We are pleased with the outcome,” said ACLU cooperating attorney Joleen Youngers.  “While we were eager to present our clients’ case to a jury, we would be foolish to turn our backs on a reasonable resolution outside of the courtroom.”
ACLU Executive Director Peter Simonson said that the settlement “vindicated the rights of our clients” and that “justice had been restored.”
The settlement brings to a close a lawsuit that was filed on August 28, 2006 and that was set for a jury trial beginning next Monday, June 25, 2007.  Three Muslim football players,  Mu’Ammar Ali and twin brothers Anthony and Vincent Thompson, brought the suit alleging that they were discharged from the Aggie football team because of their religion.  An additional Muslim player, Jacob Wallace, joined the case on January 17, 2007.
The lawsuit claimed that Mumme and the NMSU coaching staff created an environment hostile to Islam by emphasizing Christian prayer and religious beliefs, by making ongoing comments disparaging the Muslim players’ religion, and by demonstrating indifference to the players’ faith-based dietary restrictions.  The suit also alleged that Coach Mumme disciplined Muslim players far more harshly than non-Muslim players who committed serious infractions.
Simonson said, “The circumstances that gave rise to this suit demonstrate the importance of keeping government out of religion.  When one person uses his or her privileged position as a government official to advertise their specific religious views, it diminishes religious freedom for all of us, whether we are Muslim, Christian, or of any other denomination.”

###

Related Documents:
Read the Complaint
6_5_07_SJ_Ruling_Wallace
6_5_07_SJ_Ruling3P