Lawsuit also asks court to recognize marriages between same-sex couples performed out of state as valid in New Mexico.

ALBUQUERQUE, NM—Late Tuesday, the American Civil Liberties Union (ACLU) of New Mexico, ACLU national, the National Center for Lesbian Rights (NCLR), Albuquerque law firm Sutin, Thayer & Brown PC and Albuquerque attorneys Maureen Sanders, Kate Girard and Lynn Perls filed a writ of mandamus with the New Mexico State Supreme Court seeking a ruling on the issue of whether same-sex couples can marry in the State of New Mexico. The writ also asks the court to clarify that New Mexico respects the marriages of same-sex New Mexico couples who married in another state, which is necessary to ensure that those couples qualify for all of the federal programs that are now available to married same-sex couples as a result of the United States Supreme Court decision last week invalidating the Defense of Marriage Act (DOMA).

“The United States Supreme Court’s decision to overturn DOMA has increased our sense of urgency to clarify the ability of same-sex couples to marry in New Mexico,” said ACLU-NM Executive Director Peter Simonson. “With all barriers to federal recognition removed, our State cannot stand by as thousands of same-sex couples, many of whom were married out of state, continue to be denied those protections.”

There are more than 1,100 places in federal laws and programs where being married makes a difference, including eligibility for family medical leave, social security survivor’s benefits, and access to health care for a spouse. With DOMA now overturned, same-sex couples could immediately become eligible for these federal benefits and protections, as well as all of the protections given to spouses under state law, if the New Mexico Supreme Court rules that New Mexico law permits same-sex couples to marry and also requires that the state respect the marriage of same-sex couples who have married out-of-state.

“Every day that goes by, same-sex couples and their families are being harmed by not being able to protect their families through marriage,” said NCLR Executive Director Kate Kendell. The fall of DOMA has greatly upped the stakes for loving, committed same-sex couples in New Mexico. Now more than ever, we urgently need guidance from the courts on whether these couples can access the protections and societal recognition of marriage.”

A writ of mandamus is a special legal action that permits the New Mexico Supreme Court to resolve an issue without waiting for the lower courts to rule. The New Mexico Supreme Court is not legally required to accept writ petitions, but it may do so when presented with an issue of great public importance.

The ACLU of New Mexico, ACLU national, NCLR, Sutin Law Firm and Albuquerque attorneys Maureen Sanders, Kate Girard and Lynn Perls filed an earlier lawsuit seeking the freedom to marry on behalf of same-sex couples in the Second Judicial District Court on March 21, 2013. If the New Mexico Supreme Court declines to hear the writ petitions, that lawsuit, Griego v. Oliver, will proceed and will determine whether same-sex couples have a constitutionally protected right to marry in the state. 
 

Read a copy of the writ of mandamus here.

 

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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 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 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.

 

“Revised” Language Policy Remains Functionally the Same, Discrimination Continues Against Spanish-Speaking Employees
  ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico filed charges against Whole Foods Market with the New Mexico Human Rights Bureau for allegedly discriminating against Spanish speaking employees at the Northeast Albuquerque store location. Bryan Baldizan and Lupe Gonzalez, both Spanish speaking employees of Whole Foods, allege that the store’s “English-only” policy is actually in effect a “No Spanish” policy as the policy is only applied to those employees who speak Spanish in the workplace.
“It is illegal for employers to single out Spanish speaking employees for unfair treatment,” said ACLU of New Mexico Executive Director Peter Simonson. “Discriminating against an employee for speaking Spanish, a language that has been widely spoken here for nearly five-hundred years, is an affront to our state’s history, culture and values.”
“I grew up in Northern New Mexico speaking Spanish as my first language with my grandfather, who taught me to always be proud of our language and our heritage,” said Gonzalez. “When my employer tells me I can’t ever use Spanish, they are taking away an important part of who I am as a person. I’ve worked for Whole Foods for 13 years, and have always had occasional workplace conversations in Spanish without any problems. I don’t understand why I’m suddenly being treated differently.”
On May 23, 2013, a prepared foods department supervisor at the Whole Foods Market in Northeast Albuquerque held a team meeting to announce Whole Foods’ “English-Only” policy. Though the policy as written does not single out any particular non-English language, the supervisor only admonished the employees who spoke Spanish to one another at work, not the many other department employees who spoke other languages, including two Tibetan employees and six employees on the sushi team.
 
The charges filed today allege that Whole Foods persists in singling out Spanish to the exclusion of other non-English languages spoken in the workplace. Bryan Baldizan’s affidavit to the commission states:
Because of all of the media attention surrounding this issue, on Friday, June 14, 2013, Whole Foods co-CEO Walter Robb posted a revised language policy for all Whole Foods stores on his blog. However, the practical effect of the “revised” policy remains the same.  Spanish is the only language that continues to be scrutinized and targeted. We continue to be told that we can only speak Spanish during breaks. However, as mentioned above, our Tibetan colleagues and members of the Sushi team continue to speak their respective language while on the job and without repercussion…
Read Bryan Baldizan’s affidavit to the Human Rights Bureau.
Read Lupe Gonzalez’s affidavit to the Human Rights Bureau.
 

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Albuquerque couple Suzie Corley and Checky Okun talk about their recent blessing ceremony within the Episcopal Church and why they want their relationship to be recognized as a marriage in New Mexico.

httpv://www.youtube.com/watch?v=2HUzbWcB0rA

This video was produced for the Why Marriage Matters New Mexico campaign, an effort by the ACLU of New Mexico and Equality New Mexico to promote greater awareness about why marriage matters to same-sex couples in New Mexico.