same-sex marriage

  WASHINGTON (AP) — The Supreme Court has turned down an appeal from a commercial photography business in New Mexico that objects to taking pictures of same-sex wedding ceremonies.

The justices on Monday left in place a state Supreme Court ruling that said Elane Photography violated a state anti-discrimination law when it refused to work for a same-sex couple who wanted pictures of their commitment ceremony.

The clerk in Doña Ana County, New Mexico began issuing marriage licenses to same-sex couples Wednesday morning.

County Clerk Lynn Ellins took the action based on the widely accepted legal opinion that the state constitution does not expressly prohibit same-sex marriage.

The issue is currently making its way through the state court system, but the New Mexico Supreme Court has yet to issue a formal resolution.

After being denied marriage licenses in Albuquerque earlier today, two same-sex couples have filed a lawsuit seeking the freedom to marry. The suit was filed in district court, but is expected to make it's way to New Mexico's Supreme court.
According to the American Civil Liberties Union and the National Center for Lesbian Rights, New Mexico is the only state in the country that does not have a constitutional amendment or statute that recognizes or prohibits same-sex marriages.

Santa Fe mayor David Cross has announced that same sex marriage is legal in New Mexico, and is encouraging same sex couples in the state to apply for marriage licenses from their county clerks office.
Mayor Coss and Santa Fe city attorney Geno Zamora concluded that same sex marriage is legal in the state because the way New Mexico’s constitution defines marriage is gender neutral and does not explicitly prohibit same sex marriage, and requires equal treatment on the basis of sex. The two say the next step for Santa Fe will be to pass a resolution codifying state law.