DRAFT

1/12/2008

FACTS ABOUT THE NEW MEXICO

STATE LEGISLATURE

HOUSE BILL 28

DOMESTIC PARTNERSHIPS

January 2008

Domestic Partnership Legislation claims it is not to be a “marriage”:

Section 2. D. "domestic partnership" means a legal relationship that is not marriage.

But Domestic Partnerships have all the legal coverage as married persons:

Section 3. A. Domestic partners shall be entitled to the same legal obligations, responsibilities, protections and benefits as are afforded or recognized, now or in the future, by the laws of the state to spouses, former spouses, widows or widowers…

You can be sued for discriminating against a domestic partnership.

Section 3. B. It is unlawful to discriminate against a domestic partner or domestic partnership on the grounds that the partner is not a spouse, widow or widower, or is not in a marriage. It is also unlawful to discriminate against persons seeking to form a domestic partnership based upon any classification protected under the Human Rights Act.

Anyone, anywhere can become a domestic partner in New Mexico.

Section 10 B. Each of us consents to the jurisdiction of the district courts of New Mexico … even if one or both of us do not reside in the state.

Domestic partnerships will cost $25.00.

Section 7 B (6) …pay the required registration fee of twenty-five dollars ($25.00).

Despite the fact that major rights and responsibilities are afforded these persons, falsifying these documents is only a misdemeanor.

Section 9. Misrepresentation of Domestic Partnership Eligibility--Penalty.--Filing an intentionally and materially false affidavit of domestic partnership shall be punishable as a misdemeanor.

County clerk are disallowed questioning paperwork received.

Section 7 A county clerk shall accept the affidavit of domestic partnership when it is submitted and shall issue and record a certificate of domestic partnership.

Anyone, including county clerks, can be sued for “preventing” domestic partnerships, depriving them of their rights, or for causing a situation in which a person is “likely be damaged”.

Section 3 B Any person who is otherwise damaged or is likely to be damaged by a violation of this section, either by being prevented from forming a domestic partnership or by being deprived of the rights provided for under the Domestic Partner Rights and Responsibilities Act, may be granted an injunction against the person or entity violating that act under the principles of equity and on terms that the court considers reasonable.

If you are sued for an assumed discriminatory act and the plaintiff prevails, you are then responsible for attorney’s fees even if damages are not proven.

Section 3 B. Proof of actual damages is not required to recover attorney fees.

Any same sex “marriage” from any other country or state will be considered legal in the state of New Mexico.

Section 5. Reciprocity.--A marriage between persons of the same sex, domestic partnership, civil union or a substantially similar legal relationship other than common law marriage entered into in another jurisdiction shall be recognized in New Mexico as a domestic partnership as defined in the Domestic Partner Rights and Responsibilities Act.

Courts everywhere will be required to settle domestic partnerships certified in New Mexico when the relationships are terminated.

Section 2 C. A petition for dissolution, annulment or legal separation of a domestic partnership may be filed in the district court of the county in which the petitioner or respondent resides or last resided or in the county in which the domestic partnership is registered.

HB 28 claims to provide “religious freedom” but, in fact, the New Mexico’s 2003 Civil Rights Act disallows discrimination, especially churches, against anyone’s “sexual preference” and the expression of that preference.

Section 6. Religious Freedom.--Nothing in the Domestic Partner Rights and Responsibilities Act shall interfere with or regulate the religious practice of any religious body.

Only “religious bodies” are exempt. Individuals whose beliefs are contrary to domestic partnerships are subject to prosecution.

Jose Vasquez

Center for Christian Community