| 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.
Timeline[edit | edit source]
In District Court[edit | edit source]
- 2013-03-21: Complaint for declaratory and injunctive relief
- 2013-06-13: Defendant Clerk filed a motion for extension of page limitation
- 2013-06-14: Motion granted
- 2013-07-12: Stipulation to extend Defendant Clerk's time to answer
- 2013-07-12: Request for hearing: Rule 16 scheduling conference
- 2013-07-23: Motion for default judgment on 2013-10-17
- 2013-07-26: Amended notice of hearing
- 2013-08-15: Motion for leave to file second amended complaint
- 2013-08-15: Leave granted
- 2013-08-16: Second amended complaint
- 2013-08-21: Motion for TRO or expedited hearing on preliminary injuction
- 2013-08-21: Memorandum in support
- 2013-08-21: Request for hearing
- 2013-08-26: Hearing
In Supreme Court[edit | edit source]
- 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: Motion for leave to file amicus brief
- 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
