Rose GRIEGO and Kimberly Kiel, Miriam Rand and Ona Lara Porter, A.D. Joplin and Greg Gomez, Therese Councilor and Tanya Struble, Monica Leaming and Cecelia Taulbee, and Jen Roper and Angelique Neuman, Plaintiffs-Real Parties in Interest,
v.
Maggie Toulouse OLIVER, in her official capacity as Clerk of Bernalillo County, and Geraldine Salazar, in her official capacity as Clerk of Santa Fe County, Defendants-Real Parties in Interest, and
State of New Mexico, ex rel., New Mexico Association of Counties, as the collective and organizational representative of New Mexico's thirty-three (33) Counties, and M. Keith Riddle, in his official capacity as Clerk of Catron County, Dave Kunko, in his official capacity as Clerk of Chaves County, Elisa Bro, in her official capacity as Clerk of Cibola County, Freda L. Baca, in her official capacity as Clerk of Colfax County, Rosalie L. Riley, in her official capacity as Clerk of Curry County, Rosalie A. Gonzales-Joiner, in her official capacity as Clerk of De Baca County, Darlene Rosprim, in her official capacity as Clerk of Eddy County, Robert Zamarripa, in his official capacity as Clerk of Grant County, Patrick Z. Martinez, in his official capacity as Clerk of Guadalupe County, Barbara L. Shaw, in her official capacity as Clerk of Harding County, Melissa K. De La Garza, in her official capacity as Clerk of Hidalgo County, Pat Snipes Chappelle, in her official capacity as Clerk of Lea County, Rhonda B. Burrows, in her official capacity as Clerk of Lincoln County, Sharon Stover, in her official capacity as Clerk of Los Alamos County, Andrea Rodriguez, in her official capacity as Clerk of Luna County, Harriett K. Becenti, in her official capacity as Clerk of McKinley County, Joanne Padilla, in her official capacity as Clerk of Mora County, Denise Y. Guerra, in her official capacity as Clerk of Otero County, Veronica Olguin Marez, in her official capacity as Clerk of Quay County, Moises A. Morales, Jr., in his official capacity as Clerk of Rio Arriba County, Donna J. Carpenter, in her official capacity as Clerk of Roosevelt County, Debbie A. Holmes, in her official capacity as Clerk of San Juan County, Melanie Y. Rivera, in her official capacity as Clerk of San Miguel County, Eileen Moreno Garbagni, in her official capacity as Clerk of Sandoval County, Connie Greer, in her official capacity as Clerk of Sierra County, Rebecca Vega, in her official capacity as Clerk of Socorro County, Anna Martinez, in her official capacity as Clerk of Taos County, Linda Jaramillo, in her official capacity as Clerk of Torrance County, Mary Lou Harkins, in her official capacity as Clerk of Union County, and Peggy Carabajal, in her official capacity as Clerk of Valencia County, Intervenors-Petitioners, and
Lynn J. Ellins, in his official capacity as Clerk of Dona Ana County, Real Party in Interest, and
Hon. Alan M. Malott, Respondent.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
Office of the Bernalillo County Attorney, Randy M. Autio , County Attorney, Peter S. Auh , Deputy County Attorney, Albuquerque, NM, Office of the Santa Fe County Attorney, Stephen C. Ross , County Attorney, Willie R. Brown , Assistant County Attorney, Santa Fe, NM, for Defendants.
Jenner & Block LLP, Paul M. Smith , Washington, DC, Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Beinvenu, LLP, Sarah Eileen Bennett , Santa Fe, NM, Caren Ilene Friedman , Santa Fe, NM, for Amici Curiae, American Psychological Association, New Mexico Psychological Association, National Association of Social Workers, National Association of Social Workers New Mexico, and New Mexico Pediatric Society.
Office of the Santa Fe City Attorney, Eugene I. Zamora , City Attorney, Zachary A. Shandler , Assistant City Attorney, Santa Fe, NM, for Amicus Curiae City of Santa Fe.
University of New Mexico School of Law, Max Justin Minzner , George L. Bach, Jr. , Albuquerque, NM, for Amicus Curiae, Professors at University of New Mexico School of Law.
Gay & Lesbian Advocates & Defenders, Mary Bonauto , Boston, MA, Daniel Yohalem , Santa Fe, NM, for Amici Curiae, Equality New Mexico, National Organization for Women Foundation, New Mexico National Organization for Women, PFLAG New Mexico, Southwest Women's Law Center, Freedom to Marry, Prosperity Works, American Veterans for Equal Rights-Bataan Chapter, Transgender Resource Center of New Mexico, Human Rights Alliance, Organizers in the Land of Enchantment, Media Literacy Project, New Mexico Lesbian and Gay Lawyers Association, Anti-Defamation League, Pacific Association of Reform Rabbis, Temple Beth Shalom of Santa Fe, The Unitarian Universalist Congregation of Santa Fe, Rev. Talitha Arnold, Rev. Kathryn A. Schlechter, Rising Sun Ministries, Metropolitan Community Church of Albuquerque.
Supreme Court of New Mexico.
OPINION
CHÁVEZ, Justice.
{1} "All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness." N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisions known as the...
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