NM SUPREME COURT DENIES PERMANENT SSM INJUNCTION: From 365Gay.com

The New Mexico Supreme Court late Monday denied a request from the Attorney General for a permanent injunction blocking the Sandoval County clerk from issuing any more same sex marriage licenses.

But clerk Victoria Dunlap won't be able to issue more licenses today as she had planned. After rejecting the bid for a Writ of Mandamus the five justices ruled
that a temporary restraining order would remain in effect until a full hearing on the issue can be held in District Court. That temporary order was to have expired today, and Dunlap said she intended to begin issuing more licenses to same-sex couples as soon as it did.

Dunlap began issuing marriage licenses to same-sex couples February, saying the state constitution barred discrimination against gays and lesbians and she feared a lawsuit if she refused to grant licenses to gay couples. New Mexico Attorney General Patricia Madrid put a halt to the licenses later that day, sending in the sheriff to shut down Dunlap's office. When Dunlap announced two weeks ago that she would resume issuing the licenses Madrid went to court and got the temporary restraining order.

In an unusual twist, the judge who issued the order last week removed himself from the case citing a conflict of interest but did not explain what that was. A new judge will be appointed to hear the case. It is expected the case ultimately will wind up in the state Supreme Court.

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posted by Eve at 4:44 PM | link

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