Sometimes New Mexico Gets It Right


zia_symbol_nm_flagGovernor Susana Martinez, Koch Whore, thinks that New Mexico voters should decide if the state should allow same-sex marriages, basically ignoring the recent SCOTUS ruling about same-sex marriages.  She is followed by numerous other, good ‘christian’ Republicans who think that allowing gays and lesbians to have equal rights and protections under the law will bring down the hell fire and brimstone of Sodom, etc. etc. etc.  You know – the usual suspects, the same mind-set who felt that allowing blacks to have the same rights as white folk would bring about the end of the world.

According to the NM Mercury…

“…Any lawmaker, think tank or individual citizen concerned with the public interest should be taking crash courses in everything ALEC. It should be a requirement for freshman lawmakers to go to an ALEC event. This deflowering would, at the very least, force a legislator to choose sides and would forever mute any claim of ignorance of this monstrosity and its well-laid plans….”

New Mexico’s quite remarkable and very forward thinking Constitution guarantees that “equality of rights under law shall not be denied on account of the sex of any person.”  On Thursday, the state supreme court ruled that Elaine Photography co-owner Elaine Huguenin (Christian) violated the rights of the lesbian couple who wished her to photograph their wedding.  Huguenin, who claims to be a Christian, said that as a so-called Christian, she could not violate what she believed.  As a Christian, in my humble opinion, if Christ hung out with the most hated tax-collector in Judea, then I suspect He would be a guest at a few same-sex marriages.  One thing we do know about Christ was that he liked a good party and enjoyed hanging with His friends. He also practiced love.

I am well aware that there are numerous members of the right who are wringing their hands over Huguenin being denied her rights to do treat a pair of long-time customers like dirt when she discovered they were lesbians. She would not take photos of them holding hands.

“…The company argued that it “did not want to convey through [Hugeunin]‘s pictures the story of an event celebrating an understanding of marriage that conflicts with [the owners’] beliefs.”mThe company said it would take photos of same-sex customers, but would not take photos of same-sex couples holding hands or showing affection.

Chávez’s opinion rejected this argument, saying that you cannot pick and choose which goods or services to offer to different protected classes. “The NMHRA prohibits public accommodations from making any distinction in the services they offer to customers on the basis of protected classifications… For example, if a restaurant offers a full menu to male customers, it may not refuse to serve entrees to women, even if it will serve them appetizers.”

The court also rejected the argument that taking photographs of a same-sex commitment ceremony violated the owners’ free speech rights. Elane Photography argued that it seeks to create a positive story about each wedding with their photographs and they did not wish to make a positive message about same-sex weddings.

The court ruled, “Elane Photography is compelled to take photographs of same-sex weddings only to the extent that it would provide the same services to a heterosexual couple.” The court also says the state does not compel the company to take wedding shots. Instead, “that is the exclusive choice of Elane Photography.”…”

NM Telegram
NM Telegram

Even more importantly, because Elane Photography is a LLC, it has no First Amendment Free Exercise Rights of Religion!

NM Telegraph
NM Telegraph

This one’s going all the way to the Supremes, folks.

The Pink Flamingo has been following this story from day one.  It appeared to me, even from the beginning, this was a court set-up waiting to happen.  The photographer is/was part of one of those mega churches in ABQ, you know the kind.  If you want my humble opinion, she was just waiting to do something like this.  The entire thing went down far too smoothly and quickly.

Jen Roper of Pojoaque is dying of brain cancer.  She wanted to marry her long time partner, Angelique Newman.  On Friday, Judge Sarah Singleton ordered Santa Fe County Clerk Geraldine Salazar to issue marriage licenses to same sex couples.  Salazar had previously refused to do so.  Even though the state has no laws against same sex marriage, there are numerous county clerks who are waiting to see what is going to happen.  NM Attorney General Gary King has said that he will not fight any lawsuit demanding same sex marriage equality.

“...I just got off the phone with Attorney General Gary King, who said that that even though he’s cautioned county clerks not to issue marriage licenses to same-sex couples until a court rules on the issue, he will not intervene to try to stop the Dona Ana County clerk, who on Wednesday began issuing licenses to gay couples….”

On Wednesday Dona Ana County Clerk began issuing marriage licenses. Then in Las Cruses the same thing has begun.  As for Jen Roper, her story has been all over the news.  She only has a few months to live.  She sued the state for the right to marry her partner.  They have been together for 21 years, and raised 3 children.  She is dying with brain cancer.  The Santa Fe Clerk’s office refused to provide them with a marriage license.  Evidently, on Friday, a license was provided to them.

The Pink Flamingo doesn’t mind admitting that once upon a time, I wasn’t quite sure what I thought about this.  I was never against same-sex marriage, but never all that excited about it, either.  I really don’t get the whole end of the world as we know it think about people hating gays and lesbians.  I don’t get the idiocy involved with the whole doom and gloom thing about the world coming to an end, and divine punishment over treating people decently and with love and compassion.

You know something, I don’t care.  People have a right to be able to be treated with kindness and love.  I don’t get why so-called ‘Christians’ want to deny men and women who have same-sex preferences from knowing a life of happiness and companionship.  Is there some virtue in being lonely your entire life?

Trust me, being alone isn’t all that much fun.  Frankly, I don’t  understand the so-called ‘Christian’ mentality that thinks there is virtue in men and women being denied love and companionship, while the same people go out and live like hell.  My late friend, Leroy, always said those who hated gays and lesbians the most were the ones deepest in the closet.

I swear he was right.

So, kudos for New Mexico getting ahead of the curve on a few things.  One aspect of all of this, that I’ve learned over the past few weeks, is how remarkable the state’s constitution is.  It was written in 1911, and is amazingly modern.  Then again, it was deliberately created to be an example of what a Constitution should be.

LGBT Nation
LGBT Nation

This is about having a little common decency for someone who is dying, and for people who only want to have what everyone else has.  Right now I’m proud of New Mexico.  If you don’t get a little lump in your throat from this photo, then there’s something wrong with you, I think.   It seems to me that a dying woman should be allowed to die in peace.

Maybe they need to learn that in a few other states.

Christ taught that what we do to the least and for the least, we do for Him.

I just don’t get people who hate.

Do you?


5 thoughts on “Sometimes New Mexico Gets It Right

  1. I believe that lesbians and gays should have the right to civil unions, but I don’t think any church should be sued for refusing to marry a same sex couple. I suppose that is going to be tested next. This should be left up to the theologians to argue. It will be like suing the church for refusing to marry divorced people. In my church marriage is a sacrament between a man and a woman. No liturgy currently exists in the church for same sex marriage. Jesus in the Gospel of Mark made it clear that marriage is a one flesh union between a man and a woman. Like it or not that is Jesus’s definition of marriage.. ……On the civil side, you can’t prevent people from entering civil marriages. They have as much right to marry as anyone else. People who are in business to serve the public should serve everybody. All people should be treated with respect. That photographer should have taken those pictures.

  2. I have enough of my Puritan ancestors in me to go for civil marriages. Don’t mind a bit. I don’t think I want to see a full church service. I don’t mind having the union blessed. I would rather have a union blessed. Church weddings have become such a mockery of what they should be.


  3. You’ve got that right. Of course, it is their weddings, but I always cringe when I see elaborate church weddings of couples who have been living together for years and even have their children at the weddings. You wonder why they don’t just getting blessing.

  4. These weddings are so totally over the top that it is disgusting. My idea of the perfect wedding is in Vegas with an Elvis impersonator. Seriously, though, I never give wedding gifts anymore. Never invited to weddings, either, thank goodness!

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