Doña Ana County first in state to issue same-sex marriage licenses

Aug. 21, 2023 is the 10^th anniversary of the day Doña Ana County became the first county in the state to issue same-sex marriage licenses.

“I am among those privileged to officiate same-gender marriages that historic day, and all of us who were able stayed busy throughout the day,” said Jess Williams, an ordained minister and former Doña Ana County communications director and Las Cruces Bulletin editor. “I felt an enormous sense of pride and satisfaction to be taking part in New Mexico’s history. My hat is still off to then-(county) Clerk Lynn Ellins for his courage and leadership that eventually saw the state Supreme Court affirm his legal reasoning in the matter.”

Ellins said the issue began for him when he was a member of the University of Colorado Board of Regents and introduced a resolution in 1988 or ‘89 to ban discrimination based on gender.

“I didn’t come late to the party,” Ellins said. “I was there when the party began.”

The resolution “went down quickly,” he said, but faculty, staff and students “made a good argument that they should not be discriminated against based on their sexual orientation. I always remembered that,” Ellins said.

In New Mexico, he said, there were a number of lawsuits pending around the state, “but it seemed to me the only way to advance the cause was to start issuing marriage licenses to same-sex couples.

“Nowhere in statute does it say the marriage must be between a man and a woman,” Ellins said. “Feeling I had the 14^th amendment on my side, I decided to issue licenses (to same-sex couples). My staff 100 percent was supportive. I asked if anyone wanted to excuse themselves, and no one did. I was really proud of that. It was the happiest day in my office in my eight years as county clerk.”

“I volunteered and started the second day doing free ceremonies in the clerk’s office conference room with county staff as witnesses,” said Las Cruces artist Bob Diven, who, in August 2013 had recently become an endorsed humanist celebrant, licensed to perform marriages.

“Couples were coming from all across the state, and they didn't have friends or family with them, so the staff would take turns standing in as witnesses,” said Diven, who performed 84 marriages in two and a half days. “It felt like a celebration. I'd finish up with one wedding, and then one of the staff would poke her head into the doorway and say, ‘We've got another!’ and on we went. I did about 20-something weddings the first day, about 40 the next,” he said.
“I remember one couple drove all the way from Louisiana, because we were the closest state they could get married in,” Diven said. “I married two men who had been together for 42 years.
“The biggest thing I remember is that no matter how long the couples had been together, and no matter how much they would say that marriage wasn't a big deal, once I pronounced them legally married, it was clear that this was a profound moment in their lives,” Diven said. “And it became completely clear to me that same-sex marriage was a human rights issue, not a political or social one.”

Seven other counties followed Ellins’ lead, issuing same-sex marriage licenses in August and September, and in December, “the New Mexico Supreme Court upheld my action,” Ellins said, ruling that county clerks must issue marriage licenses to all qualified couples regardless of gender.

A small number of same-sex marriage licenses were issued in Sandoval County in February 2004, but the practice was halted the same day and then-Attorney General Patricia Madrid ruled the licenses invalid.

Massachusetts became the first state (and the sixth jurisdiction in the world) to legalize same-sex marriage in May 2004. In November 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that the state was required to legally recognize same-sex marriage.

On May 17, 2004, Massachusetts became the first U.S. state and the sixth jurisdiction in the world to legalize same-sex marriage following the Massachusetts Supreme Judicial Court's decision in Goodridge v. Department of Public Health six months earlier.

The Netherlands became the first country to legalize same-sex marriage in December 2000, followed by Belgium in 2003, Canada and Spain in 2005, South Africa in 2006, Norway in 2008, Sweden in 2009, Iceland, Portugal and Argentina in 2010 and Denmark in 2012.

On June 26, 2015, the U.S. Supreme Court struck down all state bans on same-sex marriage and required states to honor out-of-state same-sex marriage licenses.