News & Commentary

First Circuit Court says law denying federal benefits to married LGBT couples is unconstitutional  BOSTON, MA – The American Civil Liberties Union (ACLU) of New Mexico praised today’s ruling by the First Circuit Court of Appeals that the federal Defense of Marriage Act (DOMA) is unconstitutional because it denies married LGBT couples the same federal benefits available to other married couples. The decision, Gill v. Office of Personnel Management, was reached unanimously by the three-judge panel. “The First Circuit clearly made the right call here,” said ACLU-NM Executive Director Peter Simonson. “LGBT couples are valued members of our communities. They work, pay taxes and contribute to the common good just like the rest of us. As the court held today, there is simply no permissible federal interest that justifies passing a discriminatory law like this.” DOMA was enacted in 1996. Last year, President Obama said the Department of Justice would stop defending the constitutionality of the law. A few weeks ago, Obama made the historic announcement that, after giving the topic serious thought, he now supports marriage between same-sex couples. “We’re living in an exciting moment in history,” said Simonson, “in which the general public, the courts and even the President of the United States are recognizing that the government has no business intruding into people’s family life. Times have changed. Here in New Mexico family is important, and LGBT individuals and couples are valued parts of our families. They’re our sons and daughters, brothers and sisters. This case is additional evidence that the nation is moving toward a more tolerant, accepting future.” Read the 1st Circuit Court of Appeals decision here. The American Civil Liberties Union has filed a similar case in federal court on behalf of a woman who was forced to pay over $300,000 in taxes after the death of her spouse. Edie Windsor and Thea Spyer had spent for 44 years together as a committed couple. Edie nursed her wife through a long battle with multiple sclerosis, but Thea passed away in 2009. Edie would not have had to pay the $300,000 if she had been married a man. The ACLU expects a decision in the case shortly. ###

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From the Institute of Justice report, Policing for Profit:

httpv://www.youtube.com/watch?v=w2KdfENYpTU

SAN DIEGO – The American Civil Liberties Union today demanded a federal investigation into allegations of rampant abuse of individuals, including U.S. citizens and legal residents, by Customs and Border Protection agents at ports of entry along the U.S.-Mexico border.

 ALBUQUERQUE, NM – A 48-year-old Santa Fe woman with advanced ovarian cancer has joined a case asking a court to clarify the ability

ALBUQUERQUE, NM – Today, the American Civil Liberties Union (ACLU) of New Mexico sent letters to county jails throughout the State of New Mexico, discouraging them from routinely strip searching arrestees without reasonable suspicion that they possess contraband. Despite  a recent U.S. Supreme Court ruling that broadened strip search authority under the federal Constitution, the ACLU asserts that the New Mexico State Constitution would altogether prohibit routine, suspicionless strip searches. “Our State Constitution holds our law enforcement officials to higher standards,” said ACLU of New Mexico Executive Director Peter Simonson. “In New Mexico, we know that subjecting people to routine strip searches without reasonable suspicion is wrong. It is humiliating, degrading and dehumanizing.” New Mexico courts have consistently interpreted Article II, Section 10 of the New Mexico State Constitution (our state constitutional equivalent to the Fourth Amendment) to guarantee a ‘broad right’ to be ‘free from unwarranted governmental intrusion.’ Legal analysis of the state constitution has led ACLU of New Mexico attorneys to conclude that New Mexico courts would likely find suspicionless strip searches of people arrested for minor offenses unreasonable. The case that prompted the Supreme Court ruling involved a man named Albert Florence, who was arrested in 2005 due to a police computer error that showed he failed to pay a fine he had already taken care of. Though innocent, Florence was held for six days and strip searched twice, made to squat naked and cough as jail officials examined his body. Throughout the country, an estimated 700,000 individuals are sent to jail for relatively minor infractions every year. Often people are found to be innocent of charges or the court drops the charges against them. “This is something that could happen to anybody,” said ACLU of New Mexico Managing Attorney Laura Schauer Ives. “For something as small as forgetting to pay a traffic fine, you could find yourself standing naked before a government employee. We want to make sure that jail officials understand that this is unacceptable in New Mexico.” In its letter, the ACLU of New Mexico declares its commitment to ensuring that the Supreme Court’s recent ruling does not give rise to gratuitous use of strip searches and violations under the New Mexico constitution in New Mexico’s jails.