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Griego v. Oliver
D-202-CV-2013-2757 (district court)
Full name Rose Griego, et al. v. Maggie Toulouse Oliver, et al.
Filed 2013-03-21
Plaintiffs 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
v.
Defendants Maggie Toulouse Oliver, in her official capacity as Clerk of Bernalillo County; Geraldine Salazar, in her official capacity as Clerk of Santa Fe County; and the State of New Mexico
Initial court Second Judicial District Court, County of Bernalillo
Final court New Mexico Supreme Court
Current status Amicus briefs filed; oral arguments scheduled for October 23
34,227 (New Mexico Supreme Court)
Petitioners Rose Griego and Kimberly Kiel; Miriam Rand and Ona Lara Porter; A.D. Joplin and Greg Gomez; Therese Councilor and Tanya Struble; Sarah Adams and Christine Hayward; and Andrew Gans and Ronnie Chaves
Respondents Maggie Toulouse Oliver, in her official capacity as Clerk of Bernalillo County; and the State of New Mexico
Appealed: 2013-07-02
34,306 (New Mexico Supreme Court)
Plaintiffs-Real Parties in Interest 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
Defendants-Real Parties in Interest Maggie Toulouse Oliver, in her official capacity as Clerk of Bernalillo County; Geraldine Salazar, in her official capacity as Clerk of Santa Fe County; and the State of New Mexico
Intervenors-Petitioners State of New Mexico, ex rel. New Mexico Association of Counties; and 33 county clerks
Respondent The Honorable Alan M. Malott
Appealed: 2013-09-05

Griego v. Olver is a 2013 New Mexico court case requesting that the Bernalillo County Clerk be required to issue marriage licenses to five same-sex couples.

The case was filed on March 21, 2013, in New Mexico's Second Judicial District Court in Bernalillo County. It was initially assigned to Judge Alan Malott under the case number D-202-CV-2013-2757.

The initial complaint included two couples as plaintiffs and the Bernalillo County Clerk as a defendant. An amended complaint, naming three additional same-sex couples as additional plaintiffs and the State of New Mexico as an additional defendant, was filed on June 6.

On July 2, the plaintiffs filed a petition for a writ of mandamus with the state Supreme Court. The Supreme Court denied the petition.

Another petition was filed with the state Supreme Court for a writ of superintending control, seeking to consolidate this case with Hanna v. Salazar and any future cases which might be filed. The Supreme Court dismissed that petition as moot.

A third petition was filed with the state Supreme Court for a writ of superintending control after the clerks of the 31 counties not already defendants intervened in the case. The Supreme Court scheduled oral arguments for October, 2013.

TimelineEdit

In District CourtEdit

In Supreme CourtEdit

  • 2013-07-02: Petition 34,227: Verified petition for writ of mandamus (MS Word format)
    • 2013-?: Denied.
  • 2013-?: Petition ?: Petition for superintending control
    • 2013-?: Dismissed as moot.
  • 2013-09-05: Petition 34,306: Verified petition for writ of superintending control
    • 2013-09-06: Order setting deadlines and scheduling oral arguments
    • 2013-09-23: Response by Plaintiffs-Real Parties in Interest
    • 2013-09-23: Response by Respondent Judge Alan M. Malott
    • 2013-09-23: Response by Defendant-Real Party in Interest Salazar
    • 2013-09-23: Amicus brief of 16 professors at University of New Mexico School of Law
    • 2013-09-23: Amicus brief of American Psychological Association, New Mexico Psychological Association, National Association of Social Workers, National Association of Social Workers New Mexico, and New Mexico Pediatric Society, in favor of Plaintiffs-Real Parties in Interest
    • 2013-09-23: Amicus brief of 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, and Metropolitan Community Church of Albuquerque, in favor of Plaintiffs-Real Parties in Interest
    • 2013-09-23: Amicus brief of 20 legislators and 3 former legislators, in favor of Intervenors-Petitioners

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