Case: Gering v. Garbagni

D-1329-CV-2013-01715 | New Mexico state trial court

Filed Date: Aug. 29, 2013

Closed Date: 2014

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Case Summary

On August 29, 2013, a lesbian couple filed suit in a New Mexico State Court against the state of New Mexico and Sandoval County Clerk Eileen Garbagni. The plaintiffs, represented by the ACLU of New Mexico, sought declaratory relief on the grounds that the clerk's refusal to issue marriage licenses to same-sex couples denied them of fundamental rights and violated the New Mexico Constitution.On September 17, 2013, the court (Judge George Eichwald) stayed the proceeding pending a decision from th…

On August 29, 2013, a lesbian couple filed suit in a New Mexico State Court against the state of New Mexico and Sandoval County Clerk Eileen Garbagni. The plaintiffs, represented by the ACLU of New Mexico, sought declaratory relief on the grounds that the clerk's refusal to issue marriage licenses to same-sex couples denied them of fundamental rights and violated the New Mexico Constitution.

On September 17, 2013, the court (Judge George Eichwald) stayed the proceeding pending a decision from the New Mexico Supreme Court in a related case filed by six same-sex couples (Griego v. Oliver). In the related case, decided on December 19, 2013, the New Mexico Supreme Court ruled that the state constitution required that same-sex couples have the right to marry. The following day, the defendant stated that as soon as the court issued an official order, the Sandoval County Clerk's office would begin issuing licenses to same-sex couples.

On May 21, 2014, the court (Judge Eichwald) dismissed the case after entering a stipulated order. The case appears to be closed.

Summary Authors

Priyah Kaul (11/30/2014)

Related Cases

Griego v. Oliver, New Mexico state trial court (2013)

People


Judge(s)

Eichwald, George P. (New Mexico)

Attorney for Plaintiff

Kierst, Peter S. (New Mexico)

Judge(s)

Eichwald, George P. (New Mexico)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

D-1329-CV-2013-01715

Docket

Gering v. State of New Mexico

May 21, 2014

May 21, 2014

Docket

D-1329-CV-2013-01715

County Clerk Ready to Issue Same-Sex Marriage Licenses

Dec. 22, 2013

Dec. 22, 2013

Press Release

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New Mexico

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Aug. 29, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lesbian couple in Sandoval County, New Mexico.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New Mexico (Sandoval), State

Sandoval County (Sandoval), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

None

Issues

General:

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female