NM Supreme Court won't make same sex decision soon

Posted at: 08/17/2013 9:34 PM
Updated at: 08/17/2013 10:09 PM
By: Erica Zucco, KOB Eyewitness News 4

This week the New Mexico State Supreme Court said it will not make a decision on same sex marriage, but it wants cases to move through district court and it wants them to move quickly.

This directly affects Santa Fe couple Alex Hanna and Yon Hudson, who filed one of the cases.

Hanna and Hudson's legal battle started after more than a decade together. 

"We exchanged rings about a year into our relationship and then we didn't think about it again because it wasn't a possibility," Hanna said.

By 2013, they saw support growing for same sex marriage.

"There is a changing tide nationally, if people can't see that they're blind," Hudson said. 

So they gave it a try.

They asked the Santa Fe County Clerk for a marriage application, but were denied.

Soon after, New Mexico Attorney General Gary King refused to give an opinion, so they filed a lawsuit in district court.

Soon after that, federal courts struck down the Defense of Marriage Act.

Hanna and Hudson took the momentum and moved their case to state Supreme Court.

This week, the court ruled they will not make a decision, but want district court to take the case and move it quickly.

"It's a little frustrating cause we don't get the legal part that well so it's not that clear what that's gonna mean. Is it gonna be months or longer or what?" Hanna said.

It is another hoop to jump through, but they are ready.

"As soon as we said were actually going to do this and maybe have a wedding it all got ramped up, became that much more important," Hanna said.

The court also refused to rule on whether same sex couples married in other states could get the same rights in New Mexico.