The past few days have been super busy with getting ready for college and running errands in Taos.
However, today was the culmination of all hell breaking loose when a lawsuit was filed against the Taos County Clerk (Anna Martinez) because she denied a marriage license to a same-sex couple. The case was randomly assigned to the Chief Judge (Judge Sarah Backus), who recused herself for an emergency. So, the case went to my Judge Jeff McElroy.
I remember him texting me that the hearing was going to start, while I was playing rounds of chess with my buddy Pachin Guevara. In fact, we were in our tie breaker match when I got that text. He was awesome enough to let me leave (although we agreed that our final game was a draw) and go watch the hearing!
Anyways, I arrived right as the Judge was going on the record and beginning the hearing. Essentially, the plaintiffs (the ones suing Anna Martinez) were asking Judge McElroy for a writ of mandamus, (an order to an elected official commanding that they take an action) to force Mrs.Martinez to issue the licenses. Judge McElroy agreed to issue the writ because of the time sensitive nature, and the fact that the plaintiffs would very likely win on the merits in a civil trial.
Thus, Clerk Martinez either had the option to issue licenses or come to court on September 5th and explain why she shouldn't have to. She decided to issue the licenses, as she had wanted to anyways, but couldn't because she lacked clarity on the marriage law.
So, since she was ordered to issue licenses, same-sex marriage is legal in Taos County! Have some photos of the event. Photos of the actual marriages will be up tomorrow.
The Plaintiffs (in the yellow and grey), the attorney (Peggy Nelson, in the red), and a spectator (local broadcasting personality, Nancy Stapp). |
Nancy Stapp officially serving Anna Martinez the writ of mandamus. |
Judge McElroy signing the order of mandamus. |
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