Posted on 02/28/2004 2:07:22 PM PST by CedarDave
Saturday, February 28, 2004
Sandoval Clerk Weathers Torrent of Criticism
By Joshua Akers
Journal Staff Writer
Rarely does a county clerk catch the attention of a U.S. president, much less end up in Time magazine. Of course, it's also unusual for a clerk to file a police report against the county attorney. Or obtain fingerprints from the county spokesman. Or go through six chief deputy clerks in three years.
Sandoval County Clerk Victoria Dunlap is a maverick Republican who has courted controversy since the day she was elected. But her decision earlier this month to issue marriage licenses to same-sex couples brought her national attention. It also unleashed a torrent of emotion and criticism, even though she rescinded her offer eight hours later. Dunlap says equality and fairness were the only reasons for her controversial decision.
"It wasn't easy," she said Friday during a two-hour interview with the Journal. "I've been back and forth in my mind over what to say and what to do." "I think people need to open their minds regarding sexual discrimination," she said. "I feel at peace with myself because I've taken this stand."
A wife and mother of two children, she says she isn't personally invested in the issue of gay rights. But she said she felt this was an important question that state officials needed to answer. And allowing the licenses forced the state's hand. Within hours, the Attorney General's Office issued a letter calling the weddings illegal.
Quest for Truth
On Feb. 20, the Sandoval County Clerk's Office issued over 60 permits to same-sex couples. It typically issues 50 licenses a month. Dunlap's decision was derided on both sides of the aisle, from the governor to the head of the state Republican Party. Dunlap also was criticized by some gay rights activists who said her decision was inappropriate and should be resolved at the state level.
Attorney General Patricia Madrid called Dunlap's issuance of licenses illegal and said that marriage, under New Mexico law, was between a man and a woman. Dunlap said she chose to issue the permits after asking for an opinion from County Attorney David Mathews. Mathews told the Journal the county would be more legally liable if it refused licenses to same-sex couples than if it granted them. Dunlap said Mathews told her the same thing. However, in a formal letter to Dunlap dated Feb. 19, Mathews asked her to seek an opinion from the state before taking action. Mathews denies telling Dunlap she should issue the license.
Dunlap's decision drew same-sex couples from across the state and media attention from around the world. On Tuesday, President Bush said he would pursue a constitutional amendment banning same-sex marriage. In that speech, he mentioned San Francisco, Massachusetts and "a county in New Mexico." Time magazine, in its most recent issue, mentioned Dunlap by name. Dunlap said she forced the issue because it was coming to the forefront anyway. "It was a quest for the truth of an answer," she said. " ... No conspiracy, no forethought. No whatever."
(Excerpt) Read more at abqjournal.com ...
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