THE NEW MEXICAN, March 22, 1997
Box 2048,Santa Fe,NM,87504
(Fax 505-984-1785-?, print run 22,278)
(E-Mail: editor@sfnewmexican.com)

Bill to ban gay unions stalls
Supporters, opponents say measure is being ignored to death
By KEITH EASTHOUSE
    A bill that would make marriage between members of the same sex illegal
in New Mexico created a stir early in the legislative session but has spent
the past several weeks perishing quietly in a corner.
    The bill, which has pitted gay-rights activists against members of the
religious right, has not actually been killed. But both supporters and
opponents said Friday that it was going nowhere.
    Assuming the Legislature takes no action on the bill before the session
adjourns at noon today, the bill's fate will be remembered this way: It was
essentially ignored to death.
    At its one legislative hearing, last week before the House Consumer and
Public Affairs Committee, the bill was approved unanimously.
    But the committee took so long to consider the bill - about a month -
that the vote was meaningless. There simply wasn't enough time - or political
momentum - available for the bill to make it through the House, let alone the
Senate.
    Gay-rights activists on Friday greeted news of the bill's demise with
joy.
    "This is a defeat for ignorance, fear and injustice and a win for
moderation and respect for diversity," said the Rev. Rusty Smith, a minister
at St. Stephen's Evangelical Anglican Church in Albuquerque.
Tony Olmi, chairman of the New Mexico Christian Coalition, expressed
disappointment. "It seems like our priorities are not in order," he said.
    Olmi said he still was hopeful that a proposal in the Senate to let
voters decide whether to make same-sex marriage unconstitutional might get to
the Senate floor this morning. But he acknowledged that the possibility was
remote.
   Such a proposal would, of course, also have to be approved by the House
before it could be sent to Gov. Gary Johnson.
    Sen. Leonard Lee Rawson, R-Las Cruces, a strong supporter of the bill,
said Friday it enjoyed wide support among lawmakers but was effectively
killed by the Legislature's Democratic leadership.
   "What we have to realize is that the leadership in both chambers is more
liberal than membership as a whole," Rawson said.
   Albuquerque Republican Jerry Lee Alwin, sponsor of the bill, blamed Rep.
Gary King, D-Moriarty, chairman of the House panel that acted last week, for
delaying the bill. Committee chairmen have the power to determine when a bill
will be heard, or whether it will be heard at all. King voted for Alwin's
bill - but immediately afterward indicated he had some misgivings about it.
    He said he voted for it because "we are a representative democracy and
the majority of people who live in my district are for this bill."
    But when asked what his own views were, King said: "My personal opinions
will have to stay my personal opinions."
    King's committee sent the bill on to the House Judiciary Committee. But
the panel never considered the bill. It was on the committee's agenda for the
last few days, but it never came up for a hearing.
    A contributing factor to the bill's demise, according to a source, is
that House Speaker Raymond Sanchez, D-Albuquerque, was not enthusiastic about
the legislation. Sanchez was not reached for comment on the bill Friday.
    Rawson vowed that a similar bill would be introduced next year.
    Rawson said that unless the Legislature takes action, the courts will
decide whether same-sex marriage should be legalized or banned. Such a ruling
could be more liberal than many New Mexicans may want, Rawson said.
    "We should pass a law saying we either accept or reject that form of
marriage," Rawson said.
    "Failing to act on this defaults it to the courts, which may make a
ruling that is not reflective of what our citizenry in New Mexico want."
    Alwin's bill would have defined heterosexual marriage as the only legally
valid form of marriage; imposed a $50 fine on anyone who performed a gay
marriage; and banned the state from recognizing gay couples married in other
states.
    For a time, the bill served as a lightning rod for gay-rights groups -
who saw the bill as a blatant attack on homosexuals - and members of the
religious right - who considered same-sex marriage a threat to traditional
morality.
    The two groups went so far as to stage separate "marriage" ceremonies in
front of the Roundhouse.
    The debate had some unsavory aspects. Supporters of Alwin's bill compared
same-sex marriage to other "unnatural" unions - such as between siblings or
between humans and animals.
    Alwin, a 54-year-old businessman, argued that he was merely trying to
draw a line in the sand to protect family values and the institution of
marriage. But he may have damaged his own cause by making repeated negative
references to gay-rights activists and to homosexual acts during the debate.
At one point, he complained to a reporter that gay-rights activists "are
using Vaseline to shove me aside."
    Smith said Alwin "showed us the ugliest side of the rigid, religious
right. It's appalling he would speak about his fellow New Mexicans in that
way."
Smith said gay and straight religious leaders already are looking for a
candidate to challenge Alwin if he runs for re-election.