Ban on same-sex marriage blocked by panel
Steve Terrell | The New Mexican

February 16, 2005

Following an emotional, two-hour hearing about the issue of gay marriage Tuesday, a House Committee effectively killed a bill that legally would have defined marriage as being between a man and a woman and also placed what opponents said would be severe restrictions on same-sex couples.The House Consumer and Public Affairs Committee voted along strict party lines to table House Bill 445, sponsored by Rep. Gloria Vaughn, R-Alamogordo. About 60 people crammed into the tiny committee meeting room to hear the bill discussion. Opponents of the bill outnumbered those who supported it."We should not go down this road" toward gay marriage, said Robert Gates, who identified himself as a licensed professional counselor. "I don't think it's good for society."But Laurie Knight, a Santa Fe lawyer who said she and her female partner went to Vermont to get a civil-union license, said gay marriage is nothing to fear. "This isn't a scary prospect," she said. "We're your neighbors."Reps. Gail Beam, D-Albuquerque; Al Park, D-Albuquerque; Joni Gutierrez, D-Las Cruces; and Irwin Harrison, D-Gallup, voted to table the bill, which means the bill is stuck in the committee indefinitely. Reps. Tom Anderson, R-Albuquerque; Diane Hamilton, R-Silver City; and Keith Gardner, R-Roswell, voted against the motion to table.

However, the issue is still alive in the Legislature. Senate Bill 597, sponsored by Sen. Bill Sharer, R-Farmington, has yet to be heard in committee. It is expected to get out of the Senate, however, because more than half of all state senators have signed on as co-sponsors.Opponents of such legislation say that Sharer's bill -- which simply defines marriage as a union between a man and a woman -- is not as restrictive as Vaughn's.HB 445 would have imposed fines against clergy who performed same-sex marriage ceremonies. It also specified that same-sex marriages from other states or countries would not be recognized in New Mexico and would have nullified the New Mexico marriage licenses granted to gay couples in Sandoval County last year.Vaughn's bill said any claim arising from a same-sex marriage shall not be valid, binding or enforceable in New Mexico.

Opponents told the committee that if a gay person who was married outside the state died and willed his house to his or her spouse, the dead person's family could claim in court that the will wasn't valid because it arose from the gay marriage.Under HB 445, Santa Fe lawyer Ellen Casey argued, no gay or lesbian could go into court to enforce domestic partner benefits if an insurance company decided not to honor the benefits.Rabbi Marvin Schwab of Temple Beth Shalom in Santa Fe -- who performed a wedding ceremony for a lesbian couple -- said the bill would promote hateful attitudes.He also objected to a the fine in the bill. "This bill would fine me $50," he said. "I'm worth more than that. How much would it cost when I stand up in civil disobedience and refuse to pay the fine?"One woman, who said she works for Intel, stated the bill would discourage companies such as hers, IBM and Honeywell, which offer benefits for employees' same-sex partners, from locating in the state. "We need to project an image of tolerance," she said.Some bill supporters argued that marriage only should be between a man and a woman, because only heterosexual couples can produce children.

But Jo Kenny of Santa Fe countered, "If marriage is solely for procreation, then those of you beyond child-bearing age who are in your third or fourth marriages should be included in this bill, too." "We cannot continue like this without ramifications," said Curry County Sheriff Roger Hatcher, who spoke in favor of HB 445. "It's not about love. ... It's about behavior."The Rev. Marvin Capehart, an Albuquerque police chaplain, told the committee, "Marriage is between a man and a woman. It just works out better."