FOR IMMEDIATE RELEASE:Tuesday, April 28, 2009
CONTACT: Peter Simonson, ACLU of New Mexico (505) 266-5915 x1002; or Paul Cates, National ACLU LGBT Project (212) 549-2569, Cell (917) 566-1294
ALBUQUERQUE – In response to a lawsuit brought by the American Civil Liberties Union, New Mexico has agreed to provide retirement health insurance to the domestic partners of state employees.
“We are very pleased that the state has agreed to settle this litigation and provide the insurance.  It wasn’t fair that the state forced lesbian and gay employees to pay the high cost of health care for often inferior health insurance for their families when they worked just as hard as their straight colleagues,” said Peter Simonson of the ACLU of New Mexico.  “I’m sure this will be welcome news to all lesbian and gay state employees, but especially to those who have retired or are planning to do so soon.”
The ACLU brought the lawsuit on February 5, 2007 on behalf lesbian and gay state employees and their domestic partners.  The lawsuit charged that it was a violation of the state constitution’s equal protection guarantees for the state to treat lesbian and gay employees differently from its straight employees.  The settlement will reached with the state will cover both gay and straight employees and their domestic partners.
“This is fantastic news.  We can finally start planning our retirement,” said Havens Levitt, who has been a teacher for the Albuquerque public school for 25 years.  “Until now, our only option was for me to keep working because my partner’s employment doesn’t provide insurance for her and private insurance was just too expensive.  It means a lot that the state has acknowledged I should be treated the same as my straight colleagues.”  Levitt and her partner, Rebecca Dakota, have been partners for 13 years.  Dakota is a self-employed consultant to non-profits and an independent filmmaker.
Pursuant to the settlement, the state has agreed to develop a process for enrolling those interested during the next open enrollment period, which comes this fall.
The legal team for the ACLU in Levitt and Dakota  v. New Mexico is George Bach, staff attorney with the ACLU of New Mexico, Ken Choe, a senior staff attorney with the Lesbian Gay Bisexual Transgender Project of the ACLU, and cooperating attorney Maureen Sanders of Sanders & Westbrook, P.C.
Additional information about the case including a Q&A and the legal papers is available at http://www.aclu.org/lgbt/relationships/28241res20070205.html.

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The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship.

Statement of Peter Simonson, ACLU of New Mexico Executive Director
FOR IMMEDIATE RELEASE: Friday, March 13, 2009 CONTACT: Whitney Potter (505) 507-9898 or [email protected]
SANTA FE—Today, legislation replacing the death penalty with life in prison without parole (HB 285) sponsored by Democrat Gail Chasey, of Bernalillo County, passed the New Mexico Legislature. The bill cleared its final hurdle in the State Senate today by a vote of 24 to 18. The House voted 40 to 28 in favor of HB 285 on February 11, 2009. The bill now goes to the Governor’s desk for his consideration.
Statement:
The ACLU of New Mexico praises lawmakers today for voting to end capital punishment in the state of New Mexico. We hope it will generate momentum in the campaign to end capital punishment nationwide.
The death penalty is the ultimate denial of civil liberties. In the past 35 years, 130 inmates were found to be innocent and released from death row. State officials and opinion leaders have acknowledged what advocates have said for years: the death penalty is a public policy disaster that is expensive, discriminatory, cruel and immoral.
We acknowledge the tireless work of death penalty opponents, including the remarkable leadership of the New Mexico Coalition to Repeal the Death Penalty, and ACLU members from across New Mexico who lobbied their legislators in support of abolition.
If signed by Governor Bill Richardson, New Mexico will become the 15th state with no death penalty. The ACLU strongly urges the Governor to sign this historic piece of legislation.

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The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship.

FOR IMMEDIATE RELEASE: Thursday, January 22, 2009 CONTACT: Whitney Potter (505) 266-5915 ext. 1003 or [email protected]
TUCSON, AZ—The American Civil Liberties Union (ACLU) of New Mexico today ended litigation against U.S. Customs and Border Protection (CBP) authorities on behalf of two CBP agents. Supervisory Agents Juan Curbelo and William Leafstone, Jr. were returned to their regular positions this week and had all job privileges restored.
"We’re delighted our clients got the relief they wanted and deserved:  full restoration of their job duties,” said Peter Simonson, executive director of the ACLU of New Mexico. “Agents Curbelo and Leafstone rightfully spoke up against stopping vehicles without reasonable suspicion. This lawsuit brought to light that the practice of ‘shotgunning traffic’ is clearly unconstitutional.”
In December 2006, Curbelo’s ex-wife, Concepcion Curbelo, and his children were stopped by a Border Patrol agent during a “shotgunning” patrol near Rodeo, New Mexico.  The agent arrested Ms. Curbelo for allegedly possessing and trafficking marijuana, and took her to the Border Patrol station in Lordsburg.  A short time later, agent Curbelo received a copy of the incident report regarding his ex-wife’s arrest.  Both he and Agent Leafstone noted inconsistencies in the report that, they concluded, were intended to cover up the fact that Ms. Curbelo was stopped without reasonable suspicion.  A federal judge in New Mexico agreed and suppressed the evidence against Ms. Curbelo.
Agent Curbelo reported his concerns to the Office of the Inspector General, in January 2007.  Agent Leafstone testified at Ms. Curbelo’s hearing regarding the practice of “shotgunning traffic.”  The Border Patrol subsequently removed their badges and placed them on administrative duties. After initially receiving a notice that they might be terminated, the Agents ultimately received only minor disciplinary actions and then were fully restored to their jobs this week by their Chief.
The ACLU lawsuit was filed by Staff Attorney George Bach (ACLU-NM) and co-counsel Dan Pochoda (ACLU-AZ) on May 21, 2008 in U.S. District Court in Tucson, Arizona.

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The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship.
Related Documents:
html: Press Release (May 21, 2008)