IN THE SUPREME COURT OF THE STATE OF NEW MEXICO 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 CHAVEZ, Petitioners, v. No. MAGGIE TOULOUSE OLIVER, in her official capacity as Clerk of Bernalillo County, and the STATE OF NEW MEXICO, Respondents. VERIFIED PETITION FOR WRIT OF MANDAMUS
Peter S. Kierst Lynn E. Mostoller SUTIN, THAYER & BROWNE A Professional Corporation Post Office Box 1945 Albuquerque, NM 87103-1945 (505) 883-2500 Laura Schauer Ives Alexandra Freedman Smith ACLU OF NEW MEXICO
P.O. Box 566 Albuquerque, NM 87103-0566 (505) 266-5915
Elizabeth O. Gill James D. Esseks AMERICAN CIVIL LIBERTIES UNION FOUNDATION 39 Drumm Street San Francisco, CA 94111 (415) 621-2493 Shannon P. Minter Christoper F. Stoll NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market St., Suite 370 San Francisco, CA 94102 (415) 392-6257 N. Lynn Perls LAW OFFICE OF LYNN PERLS Co-operating Attorney for NCLR 523 Lomas Blvd. NE Albuquerque, NM 87102 (505) 891-8918 Maureen A. Sanders 102 Granite Ave. NW Albuquerque, NM 87102 (505) 243-2243 J. Kate Girard WRAY & GIRARD, P.C. 102 Granite Ave. NW Albuquerque, NM 87102
(505) 842-8492
STATEMENT OF COMPLIANCE
Pursuant to Rule 12-504(H) NMRA, the undersigned certifies that this Petition complies with Rule 12-504(G)(3) in that the body of the Petition is prepared in Times New Roman typeface and contains 5,987 words. The word count was obtained using Microsoft Office Word 2007. Peter S. Kierst
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PETITION FOR WRIT OF MANDAMUS I. INTRODUCTION
Pursuant to Rule 12-504, NMRA, Petitioners Rose Griego and Kimberly Kiel, Miriam Rand and Ona Lara Porter, A.D. Joplin and Greg Gomez, and Therese Councilor and Tanya Struble, (“License Petitioners”) respectfully petition this Court to issue a writ of mandamus against Respondent Maggie Toulouse Oliver, in her official capacity as Clerk of Bernalillo County (“Clerk”), requiring her to issue them marriage licenses. License Petitioners further seek a writ of mandamus against Respondent State of New Mexico (“State”) requiring it to treat License Petitioners’ marriages, once licensed in accordance with the statutes, as equal to all other marriages. Sarah Adams and Christine Hayward, residents of Albuquerque, New Mexico who were lawfully married in Vancouver, British Columbia, Canada, and Andrew Gans and Ronnie Chavez, residents of Albuquerque, New Mexico who were lawfully married in the State of New York (“Recognition Petitioners”), respectfully petition this Court pursuant to Rule 12-504 NMRA, to issue a writ of mandamus requiring the State to recognize their out of state marriages and treat them as married for all purposes under state law. All Petitioners are long-term, committed same-sex couples. License Petitioners commenced a civil action in the Second Judicial District Court seeking