Democracy for New Mexico

(Updated) Thursday: HB9-NM Domestic Partner Bill to House Floor

UPDATE 1/24/08: HB 9 passed the New Mexico House of Representatives by a margin of 33-31 today. Read my post on the victory. The bill goes next to the New Mexico Senate, where it was killed last year by 1 vote.
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If you haven't yet called your representative about HB 9, please do so now.

From EQNM: The Domestic Partnership Rights and Responsibilities act will be heard before the Full House Thursday, January 24th, 2008 at 10:00 AM. As HB 9 is the only Bill on the day’s agenda it is important that we pack the gallery to show the entire body of representatives the massive amount of support behind the fight for fairness.

The opposition will attempt to damage the bill in many ways tomorrow. As a community we must stand behind the legislators who are working for equality in New Mexico. Again, it is important to arrive early so we can be seen. This issue is extremely passionate, but it is important to respect the process and follow the Roundhouse rules when in the House Gallery.

We were able to generate nearly 25,000 e-mails to House Members over the last 36 hours. Many Members were impressed with the support and have assured they too are supporters of equality. Thank you for your excellent work in this fight for equality.

Harry Reid: Telecom Amnesty Activist

Senate Majority Leader Harry Reid gets tough on fellow Democrats while apparently trying to "earn" more large donations from telecom companies. How else can it be explained? He's like a walking, talking advertisement for public financing of elections. He clearly wants to pass the awful FISA bill that grants retroactive amnesty to corporate lawbreakers and give Bush everything he wants in terms of warrantless surveillence -- and he wants to do it fast. To call Reid's office and let him know how you feel about his behavior: 202-224-3542.

(Updated) HB 9-Domestic Partner Bill Passes NM House Judiciary; to House Floor Next

UPDATE: HB9 will be heard by the full House at 10 AM on Thursday, January 24, 2008. Pack the galleries.
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I want to send a special shout out to Republican Rep. Eric Youngberg (right) for voting in favor of the Domestic Partner Rights and Responsibilities Act and mentioning how important it is to pass this bill this Session. This isn't about approving or disapproving of such partnerships, but about ensuring fairness under civil law for all our citizens. Thanks for doing what's right Rep. Youngberg. My partner of 18 years and I appreciate it very much.

From EQNM:
At another crowded committee hearing HB 9 was given a do pass by a 9-4 vote. Supporters of Equality came out in large numbers, and shared personal stories of why this important legislation will impact their lives. Legislators commented on how exciting it was to see a large representation of youth from the Santa Fe Mountain Center who were able to provide the committee with a unique perspective. Rep. Barela made an impassioned statement about his personal growth on this issue and a strong commitment to freedom. Rep. Eric Youngberg, a Republican, added that this is one of the most important issues before the legislature.

The Legislation will now move to a vote before the full House, this vote will likely take place Thursday morning, but there is still a possibility it could happen as early as Wednesday. Once we know anything we'll let you know immediately.

Until then, please take this important opportunity to e-mail the entire House and urge them to support this legislation. Take action by clicking here.

Legislators continue to receive a lot of harassing calls from the bill's opposition. Please continue to call your legislators and urge them to support this legislation. Continue to have conversations with people in your daily life and ask them to place calls in support to their Legislators. We know a majority of New Mexicans support equality, together we can make New Mexico a place where equality actually exists.

House Judiciary Vote Tally:

Voting FOR Equality:
Rep. Elias Barela, D-Belen 8
Rep. Gail Chasey, D-Albuquerque 18
Rep. Joseph Cervantes, D-Las Cruces 52
Rep. Moe Maestas, D-Albuquerque 16
Rep. Ken Martinez, D-Grants 69
Rep. Al Park, D-Albuquerque 26
Rep. Mimi Stewart, D-Albuquerque 21
Rep. Tom Swisstack, D-Rio Rancho 60
Rep. Eric Youngberg, R-Albuquerque 23

Voting Against Equality:
Rep. Dan Foley, R-Roswell 57
Rep. Bill Rehm, R-Albuquerque 31
Rep. Gloria Vaughn, R-Alamogordo 51
Rep. Teresa Zannetti, R-Albuquerque 15
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Thanks to all the legislators on the House Judiciary Committee who voted for the bill! BW

Check out for yesterday's Roundhouse Recap.

You can find our previous coverage of the 2008 New Mexico Legislature here.

‘Freedom of Choice Act’ Rally Tuesday at Roundhouse

From NARAL Pro-Choice New Mexico:

More than 200 Expected at Roundhouse Event
on 35th Anniversary of Roe v. Wade
Legislation Introduced Would Repeal
1969 Criminal Abortion Ban
Who: New Mexico Coalition for Choice
What: Rally in support of HB 244, The Freedom of Choice Act
Where: East Concourse, The Roundhouse (outside)
When: Noon, Tuesday, January 22, 2008

More than 200 pro-choice activists from around the state are expected to join the New Mexico Coalition for Choice at noon on Tuesday, January 22, for a rally commemorating the 35th Anniversary of Roe v. Wade and supporting HB 244, The Freedom of Choice Act, a bill introduced by Rep. Gail Chasey and Rep. Mimi Stewart to repeal an existing 1969 criminal abortion ban and to codify the protections of Roe in New Mexico law.

Speakers include the Rev. Stephen Furrer, Unitarian Universalist Congregation Santa Fe; Heather Brewer, executive director of NARAL Pro-Choice New Mexico; pro-choice legislators; and women telling their stories.

(Updated) ACTION ALERT HB9-Domestic Partnership Act: Monday Hearing, Call Legislators

UPDATE 1/21/08: Please use this tool provided by EQNM, which makes it easy to contact the legislators who are members of the House Judiciary Committee to urge their support of HB 9.

From EQNM:
After House Bill 9 received a do pass in House Consumer and Public Affairs by a vote of 4-3, we're hearing from the Roundhouse that the opposition has ignited, and they are placing hundreds of calls into every office insisting legislators vote NO on “gay marriage.” A majority of these calls are coming from out of state and Southern New Mexico. We are still encouraged by the strong showing of support for Domestic Partnership in our state, and encourage you to keep contacting your legislators and urge them to support New Mexico Families and pass HB9.

Take Five Minutes to Take Action

Step 1: Look up your Legislators by clicking HERE

Step 2: Check to see how they vote HERE

Step 3: Call the Round House Operator at (505) 986-4200 and ask for your Representative’s Office and urge them to support HB9 this year.

Step 4: Call the Round House Operator at (505) 986-4200 and ask for your Senator’s Office and urge them to support HB9 this year.

HB9 in House Judiciary Committee Monday: HJC is expected to hear the bill on Monday the 21^st at 1:00 PM in Room 309. It is our expectation that the opposition will try to outnumber us again. The Judiciary Committee could be equally close so it is extremely important that every person who can be there attend.

We need supporters to gather early in the committee room (which will be larger this time). Anyone who attended yesterday’s hearing can attest to a massive crowd. It is important that we arrive before the opposition, so we can be seen and heard by the committee members. Anyone wishing to testify should contact Equality New Mexico at 505.224.2766.

If you are interested in volunteering contact chris@eqnm.com.

To see our previous coverage of the 2008 NM Legislative Session, visit our archive.

HB9-Domestic Partnership Bill Clears First Hurdle

From EQNM: House Bill 9, The Domestic Partnership Rights & Responsibilities Act, passed the NM House Consumer and Public Affairs committee today by a party line vote of 4-3. Over 80 supporters packed into the room to share testimony with committee members. The support for the bill was tremendous and the committee members took notice. The bill goes next to the House Judiciary Committee. Vote tally:

Voting for the Bill:
Rep. Gail Chasey (D-Bernalillo 18)
Rep. Al Park (D-Bernalillo 26)
Rep. Antonio "Moe" Maestas (D-Bernalillo 16)
Rep. Rick Miera (D-Bernalillo 11)

Voting against the Bill:
Rep. W.C. "Dub" Williams (R-Lincoln & Otero 56)
Rep. Thomas Anderson (R-Bernalillo 29)
Rep. Nora Espinoza (R-Chavez, Lincoln & Otero 59)

To see our previous posts on the 2008 New Mexico Legislative Session, visit our archive.

ACLU Sues Sheriff’s Deputies to Uphold New Mexico Marijuana Law

I see Sheriff's deputies in Eddy County, acting as part of the so-called Pecos Valley Drug Task Force, have nothing better to do than harrass a disabled individual who is legally allowed to ease his pain under New Mexico's medical marijuana law, which was enacted last year. I wonder who they think they are protecting, and under which state law. Can they possibly believe this is a justified use of taxpayer dollars? Thank goodness the ACLU is standing with the victim of this horrible (and illegal) treatment by law enforcement officials who apparently believe they are above the law and are certainly without compassion or wisdom.

From the American Civil Liberties Union of NM:
CARLSBARD – A paraplegic man is suing Eddy County Sheriff's Deputies for seizing marijuana plants and equipment to grow marijuana, which he uses to control pain resulting from a spinal cord injury.  Leonard French received a license to cultivate and use small quantities of marijuana for medicinal purposes from the State of New Mexico under the Lynn and Erin Compassionate Use Act. The American Civil Liberties Union (ACLU) of New Mexico, which represents French, says the deputies' actions violated not only that law, but also state forfeiture laws and a constitutional prohibition on unreasonable searches and seizures.

"The New Mexico state legislature, in its wisdom, passed the Compassionate Use Act after carefully considering the benefits the drug provides for people who suffer from uncontrollable pain, and weighing those benefits against the way federal law considers cannabis,” said Peter Simonson, ACLU Executive Director.  “With their actions against Mr. French, Eddy County officials thwarted that humane, sensible law, probably for no other reason than that they believed federal law empowered them to do so."

On September 4, 2007, at least four Eddy County deputies, acting as members of the Pecos Valley Drug Task Force, arrived at French's home in Malaga, New Mexico and announced, "We're here about the marijuana." Thinking that the deputies had arrived to check his compliance with the compassionate use law, French presented the deputies with his state license to grow marijuana, then showed them his hydroponic equipment, including two small marijuana plants and three dead sprouts. The deputies seized the equipment and plants, and later turned them over to the federal Drug Enforcement Administration. French has not been charged with any violations of federal drug laws. 

A physician prescribed marijuana for French after other medications lost their effectiveness in controlling pain and severe muscle spasms stemming from a 1987 motorcycle accident.

Simonson said, "With the Compassionate Use Act, New Mexico embarked on an innovative project to help people who suffer from painful conditions like Mr. French's.  The law cannot succeed if the threat of arrest by county and local law enforcement hangs over participants in the program.  With this lawsuit, we hope to clear the way for the State to implement a sensible, conservative program to apply a drug that traditionally has been considered illicit for constructive purposes."

The ACLU’s complaint is available online at: online (pdf). For more information about the national ACLU Drug Law Reform Project, visit this page.

Editor's Note: To become a card-carrying member of the ACLU of NM, click here.

ACTION ALERT: First Hearing Thursday on 2008 Domestic Partnership Bill

Sign the petition in support of the Domestic Partnership Act. Pass it on.

From Equality New Mexico:
The Legislative session has officially begun and we have the momentum to pass domestic partnership this year. The Legislation was pre-filed (as HB28) and has now been introduced and designated as HB 9, the Domestic Partnership Rights and Responsibilities Act, sponsored by Rep. Mimi Stewart (D-Albuquerque). With the help of an amazing community volunteer team; Equality New Mexico has collected nearly 10,000 postcards urging the legislature to pass domestic partnership.

Yesterday Governor Bill Richardson made New Mexico History by officially placing HB 9 on his legislative call for the 30 day session. During the State of the State, Governor Richardson said:

"...The second point of unfinished business is to fully extend domestic partnership rights. Two people, who agree to spend their lives committed to each other, deserve to have the same legal protections for their families.  As a state whose diversity is its strength, we cannot accept discrimination in any form.  All families deserve our respect no matter their race, gender or sexual orientation."

We know that we have the support it will take to pass this legislation. We must now band together in this next fight for equality.

Keeping the momentum going ... This legislative session is only last 30 days, and will be extremely fast paced. We now know that the bill will be heard in House Consumer and Public Affairs on Thursday, January 17th, at 1:30 PM in the Roundhouse room 315.

It is extremely important that we mobilize as a community and get to this hearing to show our support for the HB 9. Last year supporters of Domestic Partnership outnumbered the opposition at least 3 to 1 at every hearing. This year we are aware of an opposition movement determined to spread their language of hate throughout the Roundhouse (click here to view opposition alert). Help us show Legislators that New Mexicans support fairness in overwhelming numbers.

Please let us know if you can make Thursday’s committee hearing by calling 505.224.2766 (We are trying to track how many supporters we will have so we can mobilize quickly if needed)

SAVE THE DATE: FEBRUARY 4TH 2008 EQNM Lobby Day February 4th

Equality New Mexico is planning the largest lobbying effort for Equality in our history. It is our goal to gather 300 New Mexicans. It is our hope to have passed the House and be in the Senate around this point, this will be a critical time for us to build on our energy and help HB28 pass the full senate. With your help 2008 will be a historic year for All New Mexico Families.

Contact Chris Salas at chris@eqnm.org or 505.224.2766 to sign up for this important action.   

Equality New Mexico is fighting for full civil rights for ALL New Mexicans. Please help us continue the fight.  Make a donation today at our secure website at https://www.eqnm.org/donate.html or send a check to EQNM 1410 Coal Ave SW, Albuquerque, NM 87104.

Editor's Note: This ain't marriage, folks. As stated on EQNM's website:

Couples who register for domestic partnership would be entitled to most of the legal protections of marriage under state law. However, domestic partners get none of the federal protections of marriage. Equality New Mexico does not contend that this legislation provides equality, and we will continue to fight until all New Mexicans are treated equally under the law.  However, this legislation goes a long way toward making sure all families have access to the basic protections all families deserve.

ACLU Files Federal Suit Over Shielding of Protestors at Bush Visit to Los Ranchos NM

Albuquerque police car and mounted unit block road to Bush event  in Los Ranchos de Albuquerque on 8/27/07 (Photo by Terry Riley)

From the ACLU:
The American Civil Liberties Union and the ACLU of New Mexico filed a lawsuit in federal court today on behalf of several New Mexico residents and advocacy organizations who were made to stand more than 150 yards away from the site of a fundraiser being attended by the president as they peacefully protested the views of the administration, while a group of people expressing support for President Bush were allowed to stand only a few feet from the fundraiser site.

“People who disagree with the president have as much a right to be heard as those who wish to praise him," said Catherine Crump, staff attorney with the ACLU. “The unequal treatment of the ACLU’s clients violates their constitutional right to free speech.”

On August 27, 2007, President Bush was in New Mexico to attend a fundraiser for Senator Pete Domenici at the home of Los Ranchos de Albuquerque Mayor Larry Abraham. In anticipation of the presidential motorcade, several individuals, including the ACLU’s clients, gathered along the street leading to the mayor’s house holding signs expressing their disapproval of the Iraq War.

According to the ACLU’s lawsuit, law enforcement officials forced the peaceful protestors to stand 150 yards away from the motorcade route, on the opposite end of the street from where the president would arrive, where they were blocked from the president’s view by a wall of parked police cars and officers on horseback. A group of people holding a banner reading “God Bless George Bush! We Pray for You!” was allowed to stand only a few feet from the fundraiser site, in plain view of the motorcade.

Demonstrators line up at last summer's protest in Los Ranchos de Albuquerque in the North Valley (Photo by Terry Riley)

“Law enforcement officers gave Bush supporters front row seats and made those who disagreed with the president stand behind a wall of cars and horses,” said Peter Simonson, ACLU of New Mexico Executive Director. “Officials went to great lengths to shield the president from viewing the people who disagreed with him, which just isn’t how a free society should operate.”

The New Mexico lawsuit comes in the midst of an ongoing challenge by the ACLU to a White House policy that unlawfully excludes individuals perceived to be critical of the administration from public events where President Bush is present. The policy is laid out in the official Presidential Advance Manual, which includes a section called “Preparing for Demonstrators.” In that section, the manual directs members of the presidential advance team working at the site of a presidential appearance to “work with the Secret Service and have them ask the local police department to designate a protest area where demonstrators can be placed, preferably not in view of the event site or motorcade route.”

The ACLU filed the lawsuit on behalf of Jeanne Pahls, Rebecca Wilson, Alma Rosa Silva Banuelos, Carter Bundy, Merimee Moffitt, Laura Lawrence, Stuart T. “Terry” Riley, Mary Lou “Mitzi” Kraft, Jason Call, and the organizations Stop the War Machine and CODEPINK Women for Peace, Albuquerque chapter.

Attorneys in the lawsuit are Catherine Crump, Chris Hansen and Josh Hsu of the national ACLU and George Bach of the ACLU of New Mexico. The defendants are the Bernalillo County Board of Commissioners, the Bernalillo County Sheriff's Department, the City of Albuquerque, the Albuquerque Police Department and certain John/Jane Does.

More Info:

• The ACLU’s complaint is available online here (pdf).

• Click for more information about the ACLU’s work to protect free speech at presidential events and see today's post about the suit on the ACLU blog.

• Check out ChrisWeigant.com for a post about this issue that includes some great photos of CodePink from last summer's protest at Bush's Los Ranchos visit. His report is cross-posted at The Huffington Post, where Chris is a contributor.

• Daily Kos has a diary by the ACLU today on this matter.

• See our previous post on Bush's visit to Los Ranchos with photos from the protest by Terry Riley, as well as links to videos of local TV coverage, newspaper stories and more.

Photo of the Day: Rose Bowl Parade Protests

Protesters advocating impeachment of U.S. President George W. Bush and Vice President Dick Cheney carry a giant copy of the Constitution as they follow at the end of the 119th annual Rose Parade in Pasadena, California January 1, 2008. REUTERS/Mark Avery (UNITED STATES)

Also see these photos of the Rose Bowl protests on Flickr.