SANTA FE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico, the national ACLU, and the National Center for Lesbian Rights (NCLR) filed an emergency request with New Mexico’s Second Judicial District Court to allow a Pojoaque same-sex couple, Jen Roper and Angelique Neuman, to legally marry immediately because Jen suffers from a severe medical condition that may prove fatal in the near future.  Jen suffers from a life-threatening form of brain cancer, and her health has deteriorated severely in the past few months. Today’s request seeks an emergency order from the court that would allow the couple to marry so that their three children will be legally protected should Jen pass away.  

"I want to know that my family will be protected if I pass away," said Jen Roper. "Angelique and I have been married in our hearts for 21 years and raised three wonderful children together. Because of my illness, we do not have the luxury of waiting years for the courts to decide whether loving, committed same-sex couples can marry in New Mexico. For us, the time is now."

Jen and Angelique met in Socorro, NM during their first semester at New Mexico Tech, and fell in love almost immediately. Although the State of New Mexico does not recognize their relationship, the couple considers themselves married for the 21 years they have been together. The couple settled in Northern New Mexico after the Los Alamos Labs hired Angelique to work as an engineer. Later, they adopted three siblings from the New Mexico foster care system. Their oldest child is enlisted in the U.S. Army and is currently in basic training.

Due to Jen's sudden and severe illness, the couple cannot travel out of state to marry in a place that does not discriminate against same-sex couples. The only way they can hope to protect their family in this time of crisis and realize their dream of being legally married is for the New Mexico courts to grant emergency relief that would allow the County of Santa Fe to issue them a marriage license now, while the case proceeds.

"Even when I was a little kid, I always dreamed of growing up and getting married," said Angelique Neuman. "I knew Jen was the one almost as soon as we met, and I don't want to lose the opportunity to marry her. It is very important to us that our relationship is recognized as what it is: a marriage."

The plaintiffs are represented by the ACLU of New Mexico, the national ACLU, the National Center for Lesbian Rights, the Sutin Law Firm, and Albuquerque attorneys Maureen Sanders, Kate Girard, and Lynn Perls.

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The ACLU of New Mexico is an affiliate of the national ACLU, working in the courts, legislature and communities to protect and extend individual rights and liberties for all New Mexicans. www.ACLU-NM.org
The American Civil Liberties Union is our nation's guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in this country. www.ACLU.org.
The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. www.NCLRights.org.
Sutin, Thayer & Browne, with offices in Albuquerque and Santa Fe, is one of New Mexico's largest law firms, providing exceptional legal services since 1946. More information is available at www.SutinFirm.com.

ALBUQUERQUE, NM—This morning, same sex couples in Doña Ana County began receiving marriage licenses after County Clerk Lynn Ellins announced his office would issue them. The American Civil Liberties Union (ACLU) of New Mexico and the National Center for Lesbian Rights, two of the organizations litigating a case in the New Mexico courts seeking the freedom to marry for same-sex couples, responded:

“We agree that it’s unconstitutional to deny same-sex couples the ability to marry in New Mexico,” said ACLU-NM Legal Director Laura Schauer Ives. “We understand the urgency same-sex couples in New Mexico feel to get married. At the same time, we want to be sure that same-sex couples understand that we will not have certainty until our state courts have the opportunity to weigh in on the issue. The best way to ensure that the licenses issued today in Doña Ana County provide the lasting legal protection that same-sex couples need is for our state courts to move expeditiously to guarantee the freedom to marry for all New Mexicans.”

In addition to working in the courts, the ACLU of New Mexico is partnering with Equality New Mexico and several national organizations to educate the public about marriage for same-sex couples through the Why Marriage Matters New Mexico campaign.

“This morning’s announcement demonstrates how critical the issue of marriage equality is in New Mexico,” said Steve Allen, ACLU-NM Director of Public Policy and campaign co-manager. “It is exciting that people from around the state recognize how unfair it is to deny same-sex couples the freedom to marry. It is our hope that the energy and momentum surrounding marriage will help carry this issue quickly through the courts.”

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ALBUQUERQUE, NM—Yesterday, the American Civil Liberties Union (ACLU) of New Mexico and the City of Albuquerque settled a lawsuit claiming that the Police Oversight Commission unconstitutionally suppressed the speech of several citizens during a meeting last December. The plaintiffs in this case, Charles Arasim, Kenneth Ellis, Silvio Dell’Angela and Eli Chavez, are all community advocates against police use of excessive force. The settlement raises several procedural reforms to the Commission’s rules designed to promote the right to free speech and citizen involvement  and a sum of $14,000 in damages and attorneys’ fees.

“We are very pleased that our rights to Free Speech were affirmed through this settlement,” said plaintiff Kenneth Ellis Jr. “As the father of a son who was wrongfully killed by Albuquerque police, I must speak out about the problems with the police and the Police Oversight Commission—even when the government doesn’t like what I have to say. No other family should have to go through what ours did.”

In addition to damages, the City of Albuquerque has agreed in the settlement to raise several procedural reforms of the Police Oversight Commission public comments processes:

• A motion to increase the public comment limit from two to three minutes will be introduced and voted on by the Police Oversight Commission.
• A motion to permit up to three people who have signed up to give public comments to the commission may donate their time to another commenter to allow for a longer presentation of complex subject matter.
• The city will set up an official email for the commission so that citizens can directly contact commissioners.
• Apart from the settlement, the City of Albuquerque also voluntarily implemented several remedies that the plaintiffs requested in the legal complaint:
• The city now validates parking for citizens who wish to speak during the public comments period of the commission, removing a financial obstacle to citizen participation in government.
• The public may now discuss any agenda issue during the public comments period.
• The public may now use law enforcement officers’ names when discussing complaints. 
• “The terms of this settlement constitute a big win for Free Speech,” said ACLU-NM Executive Director Peter Simonson. “In a healthy democracy, the public must be able to criticize their government without fear of suppression or retaliation. This settlement not only affirms that right, but expands the public’s ability to communicate with this commission.”

 
Read a copy of the settlement here.
Read a copy of the legal complaint here.
 
ACLU-NM Staff Attorney Alexandra Freedman Smith and ACLU-NM Cooperating Attorney Josh Ewing of Ewing & Ewing PC represented plaintiffs in this case.
 

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