Santa Fe mayor, councilor say New Mexico already has marriage equality

Santa Fe Mayor David Coss

Mayor David Coss

New Mexico may already have marriage equality, because nothing in state law prohibits same-sex couples from marrying.

At least that’s according to Santa Fe Mayor David Coss and City Councilor Patti Bushee. Bushee is lesbian and Coss has a lesbian daughter.

Coss and Bushee attended a press conference this morning where City Attorney Geno Zamora released a legal memo saying:

• New Mexico’s laws do not define marriage as between a man and a woman, the definitions are gender-neutral;

• A statutory list of prohibited marriages does not list same-sex couples;

• Same-sex marriages from other states are already recognized by New Mexico law;

• To discriminate against same-sex couples would violate the New Mexico Constitution which requires equality under the law regardless of sex.

The mayor asked the City Council to pass a resolution at its next meeting on March 27, encouraging same-sex couples to encourage county clerks to issue them licenses.

In 2004, the Sandoval County Clerk issued 64 marriage licenses to same-sex couples until the attorney general ordered her to stop and declared those licenses invalid. Sandoval County is north of Albuquerque and west of Santa Fe.

According to the Santa Fe New Mexican, Bushee expects the issue to come before the state Supreme Court.

Despite the city attorney’s memo, the Santa Fe County Clerk said she does not intend to issue marriage licenses to same-sex couples.

—  David Taffet

LGBT Catholics remain hopeful despite Pope Francis 1′s anti-gay record

Pope Francis

Cardinal Bergoglio, who has been appointed Pope Francis I, visited an AIDS hospice in this 2001 photo.

Reaction to the election of Pope Francis I in the LGBT community has been mixed.

In a statement, the LGBT Catholic organization Dignity USA wrote:

“We acknowledge that as archbishop and cardinal the man who is now Pope Francis has made some very harsh and inflammatory statements about lesbian, gay, bisexual, and transgender people. We call on our new Pope to recognize that he is now head of a Church that includes a huge number of LGBT people, their families and friends around the world. We invite him to take the time to learn about our lives, our faith, and our families before he makes any papal pronouncements about us, and we stand ready to enter into dialogue with him at any time.”

In Argentina, Cardinal Bergoglio led the “War of God” against marriage equality. Same-sex marriage has been legal in Argentina since July 2010.

The Federatión Argentina LGBT, the largest LGBT advocacy group in Argentina, issued a statement right away, referencing Bergoglio’s anti-gay statements. “While we have no expectations of change from the Vatican, the choice of someone who promoted a ‘War of God’ against marriage equality is disappointing. His radical position on this issue, on the gender identity law and on safe, legal and free abortion, keeps us from being optimistic.”

New Ways Ministry Executive Director Francis DeBernardo wrote, “We request that Pope Francis make one of his top priorities the re-evaluation of the Catholic hierarchy’s approach to lesbian, gay, bisexual, and transgender (LGBT) issues.”

New Ways Ministries has worked on equal rights for the gay and lesbian community since the 1977.

DeBernardo points out that as a cardinal in Argentina, he spoke strongly against marriage equality and against the right for gays and lesbians to adopt children.

“Pope Francis has the opportunity to repair much of this hurt and alienation by offering sincere pastoral outreach to LGBT people and their families,” he wrote. “In the past few decades, Catholics in the United States and all over the globe have become increasingly welcoming of LGBT people. Catholics have gone to ballot boxes to ensure that LGBT people do not suffer from discrimination and violence, and that they receive equal benefits in society, including civil marriage.”

Father Carl Francis McGowan of Our Lady of Consolation Old Catholc Church, which meets at the Interfaith Peace Chapel, is hopeful the new pope will lead the church in a new direction for LGBT Catholics. Read McGowan’s statement after the jump.

—  David Taffet

PHOTOS: Lobby Day draws record crowd to Capitol

IMG_3233

Openly LGBT state Rep. Mary Gonzalez, D-El Paso, addresses the crowd on the south steps of the state Capitol on Monday during Equality Texas Lobby Day. (Anna Waugh/Dallas Voice)

AUSTIN — Hundreds of LGBT Texans and allies from across the state told their personal stories of discrimination, love and hope for a better future to lawmakers Monday during Equality Texas Lobby Day.

With more than 540 registered attendants, it marked the biggest Lobby Day ever, Equality Texas Executive Director Chuck Smith said.

Smith started working with the statewide LGBT advocacy organization as a lobbyist in 2003. He shared his experience with the crowd Monday morning, explaining that he came out to former state Rep. Carter Casteel, who had been his eighth-grade history teacher. He told her that he and his partner of 17 years, Rick, had loved each other dearly until his death in 2001.

And he asked her not to vote for the state’s Defense of Marriage Act, which defines marriage between a man and a woman and passed later that year.

Smith said she acknowledged his love between him and his partner but told him she couldn’t vote against DOMA because she would lose her seat.

“The day changed my life because I learned that the people who serve this state are real people just like me,” he said, adding that more legislators need to hear stories to earn their support. “They just need to hear from enough of us to give them the strength to do the right thing for the people of Texas.”

Pansexual state Rep. Mary Gonzalez, D-El Paso, thanked those who attended for standing behind her when she came out during her contested Democratic Primary last year and for encouraging her with their fight for LGBT rights.

—  Anna Waugh

Poll: TX voters back marriage equality

Picture 48

A growing number of Texas voters support the freedom to marry for gays and lesbians, according to new polls released today by Equality Texas and University of Texas/Texas Tribune.

The Equality Texas poll was similar to one commissioned by the organization in 2010 and asked about 11 key issues, including discrimination, domestic partner benefits and relationship recognition.

The biggest change was that 47.9 percent of voters support marriage equality compared to 47.5 percent who oppose it. In 2010, 42.7 percent of voters supported marriage equality.

The poll also found that 64.7 percent of voters support civil unions, compared to the 63.1 percent who favored it three years ago.

The poll was conducted by Glengariff Group, Inc. and surveyed 1,000 voters between Jan. 24-27. It has a margin of error of 3.1 percent.

Other areas with a high increase in support were making medical decisions for a partner, inheriting possessions without a will, extending domestic partnership benefits to government and public university employees, and recognizing same-sex marriages from other states.

A University of Texas/Texas Tribune poll also released today found that 37 percent believe gay and lesbian Texans should be able to marry, 28 percent answered they should have civil unions and 28 percent said they shouldn’t have either.

As for what they feel is the most important issue facing Texas, 0 percent answered gay marriage. Only 1 percent answered that gay marriage is the most important problem facing America today.

The results are close to a similar October 2012 poll that found 36 percent support marriage equality, 33 percent support civil unions and 25 percent don’t support either.

That poll questioned 1,200 respondents between Feb. 15-25, with a 3.3 percent margin or error.

A summary of the Equality Texas finding is below.

—  Anna Waugh

Equality Texas among groups to file joint brief in marriage equality cases

EqualityTexas

Equality Texas has joined more than two-dozen statewide organizations in filing a joint amicus brief in the two marriage equality cases currently before the U.S. Supreme Court.

The “Red State Brief” is a brief supported by the Utah Pride Center, Campaign for Southern Equality, Equality federation and 25 statewide advocacy groups. It calls for the court to uphold appellate court rulings that found the Defense of Marriage Act and Proposition 8 unconstitutional. It explains the history of anti-gay legislation in many states that degrade LGBT citizens and deny them freedoms.

“This brief calls for an end to the systemic denigration of lesbian, gay, bisexual and transgender Americans,” Equality Texas Executive Director Chuck Smith said. “The U.S. Supreme Court is being asked to consider whether all Americans are entitled to equal treatment under the law regardless of their sexual orientation or gender identity/expression. The Court must answer this question with a resounding, ‘Yes, ALL Americans must be treated equally.’”

Read the brief here.

—  Anna Waugh

Jiminez raises $2K for possible fines related to his marriage equality protests

Mark & Beau

Mark Jiminez, left, and Beau Chandler

Friends of Mark “Major” Jiminez raised more than $2,000 at a fundraiser Saturday night for legal expenses that may arise from his arrests for trespassing at the Dallas County Records Building in July and September when he and husband Beau Chandler applied for a marriage license.

Because of the two arrests for civil disobedience, Major is facing possible fines of up to $4,000 and one year in jail.

While Chandler’s case has been settled, Jiminez’s case has not been scheduled for a hearing. Chandler was only charged once and served 40 hours of community service. There is a two-year statute of limitations for the case to be scheduled.

Despite the pending charges, Jiminez was upbeat about his cause.

“This is going to be a great year for marriage equality and the momentum is moving along,” he said.

Jiminez said donations came in from around the country to support the cause of marriage equality. More than 80 people attended. Sponsorships helped fund the dinner, which raised more than $2,000, according to Dawn Knowlton, project manager at 3015 at Trinity Groves and a host of the event.

Should the money not be necessary, it will be donated to the Dallas Area Rape Crisis Center.

The dinner was held at 3015 at Trinity Groves, a new event venue in West Dallas at the foot of the Calatrava bridge.

Lillith Grey and Lyric Laveau entertained. GetEQUAL TX activist Cd Kirven spoke. Kirven was at the Records Building each time the couple applied for a license.

—  David Taffet

Dallas County Clerk’s Office denies same-sex couple a marriage license

Marriage small

Deputy County Clerk Tanisha Johnson, right, talks to Mark “Major” Jiminez, left, and Mike Montalvo after they applied for a marriage license at the Dallas County Records Building on Thursday. Montalvo was acting as a proxy for Jiminez’s husband, Beau Chandler. (David Taffet/Dallas Voice)

No one was arrested at today’s Valentine’s Day marriage counter protest at the Dallas County Records Building, one of many across the country coordinated by GetEQUAL.

Mark “Major” Jiminez applied for a license in Dallas with Mike Montalvo stepping in as a proxy for Jiminez’s husband, Beau Chandler.

Last year, Chandler was arrested once and Jiminez twice when they were turned down for licenses and refused to leave the building.

Dawn Knowlton said she came to the records building because it’s a cause she believes in.

“It’s only right,” she said. “Equality for all, not for some.”

Twice as many sheriff’s deputies as protesters were on hand, along with Detective Laura Martin, Dallas police LGBT liaison. Before entering the building, Martin briefed the deputies that the protest was expected to be peaceful with no arrests.

After Jiminez and Montalvo filled out the online form in the marriage license office, Deputy County Clerk Tanesha Johnson turned down the application.

“The state of Texas does not allow same-sex marriage,” she told Jiminez and Montalvo.

Jiminez told her the U.S. Supreme Court will hear two marriage equality cases in March and a decision could be made in June.

Johnson looked at the application and noticed Jiminez and Chandler both had July birthdays.

“Unfortunately, it can’t be a Valentine’s gift, but maybe it can be a birthday gift in July,” she said.

—  David Taffet

Same-sex couples to request marriage licenses on Valentine’s Day in Dallas

Valentines

On Valentine’s Day 2012, County Clerk John Warren, right, explained to Daniel Cates, left, and same-sex couples trying to get married that he could not issue marriage licenses to them. (David Taffet/Dallas Voice)

Mark “Major” Jiminez is planning a Valentine’s Day marriage counter protest in Dallas, in coordination with protests across the country organized by Freedom to Marry.

“Nothing better highlights the state-sanctioned discrimination against same-sex couples than having same-sex couples, often with children and grandchildren in tow, turned away from the counter that serves every other heterosexual couple that approaches – no questions asked,” Freedom to Marry’s Brian Silva wrote in a press release.

Last year, several couples applied for marriage licenses in Dallas on Valentine’s Day and were turned away.

Jiminez, who attended the rally, walked to City Hall with GetEqual’s Daniel Cates after the protest to deliver Valentine’s cards to Mayor Mike Rawlings. The mayor had just refused to join Mayors for the Freedom to Marry. Jiminez was arrested on July 5 when he applied for his own marriage license and refused to leave the building.

The County Records Building is at 509 Main St. and protesters will gather outside on the plaza before noon.

Also, on March 25, Cates is organizing a rally in coordination with the National Call for Equality — called “Dallas says, ‘We do,’” — in advance of oral arguments before the U.S. Supreme Court in the Prop 8 and DOMA cases on March 26 and 27.

“Please bring signs in support of equal rights, Pride flags, candles and plenty of friends,” Cates writes on the Facebook event page.

People will meet at the Legacy of Love Monument on the corner of Oak Lawn Avenue and Cedar Springs Road.

—  David Taffet

WATCH: Mayor Mike Rawlings says ‘baloney,’ I say ‘malarkey’

When CW33′s Doug Magditch said he wanted to talk about Mayor Mike Rawlings and the city of Dallas’ “It Gets Better” video on this week’s “The Gay Agenda,” I was happy to oblige him.

That’s because I’m among those who feel pretty strongly that Rawlings recent appearance in the “It Gets Better” video is no substitute whatsoever for supporting the LGBT community in other ways — including signing a pledge in support of marriage equality and backing two pro-LGBT resolutions introduced by Councilman Scott Griggs.

In fact, Rawlings has said repeatedly since he refused to sign the Freedom to Marry pledge almost exactly one year ago that he wants to focus on substantive things he can do to support the LGBT community, not symbolic ones. But it doesn’t get much more symbolic than an “It Gets Better” video, which also ultimately sends a mixed message to LGBT youth.

LGBT youth commit suicide in part because they are constantly told by society that they are less than equal — including that they can’t get married. So when the mayor of Dallas refuses to sign a pledge in support of marriage equality, it reinforces that message — and thus the mixed one.

Don’t get me wrong: City leaders and especially gay employees deserve credit for the “It Gets Better” video, which is a powerful statement. But if Rawlings thinks he’s going to win over LGBT voters in 2015 by merely appearing in this video and at gay Pride, I think he’s sorely mistaken.

To make matters worse, a few days after the IGB video was released, Rawlings stood at a press conference and said pledges like the ones he’s been asked to sign on gun control and marriage equality are “baloney.” Really? Standing up for civil rights is baloney? I think that’s malarkey, which is what I told Magditch. And you can watch it below.

—  John Wright

El Paso’s Beto O’Rourke among strongest new LGBT allies in Congress

Rep. Beto O’Rourke

The new 113th Congress was sworn into office Thursday. Six openly LGBT representatives will serve in the new House of Representatives, and Tammy Baldwin became the first openly LGBT person to serve in the Senate.

In addition, Texas has five new Democrats in its delegation including strong LGBT allies. Locally, that includes Marc Veasey of Fort Worth.

Elsewhere in Texas, Beto O’Rourke, whose district includes El Paso and far west Texas, worked hard for the LGBT community when he served on the El Paso City Council.

O’Rourke recently sat down with Dallas Voice to talk about a wide range of issues, including his long-running support for LGBT equality.

In his primary campaign, O’Rourke said he called marriage equality a core civil rights issue. He said position on the issue was a reason he unseated incumbent Rep. Silvestre Reyes.

—  David Taffet