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|Current Court Information:|
|New Mexico Second Judicial District Court|
|Title: || Judge|
|Appointed by: || Gov. Bill Richardson|
|Active: || 2009-2017|
|Past post: || Attorney, Private practice|
|Past term: || 1979-2009|
|Undergraduate: || Arizona State University|
|Law School: || University of New Mexico, 1979|
Alan Malott is a district court judge in the Second Judicial District of New Mexico. He was appointed to the bench in January 2009 by Gov. Bill Richardson. Malott was retained to a term which ends on January 1, 2017.
Judge Malott received his undergraduate degree from the Arizona State University and his J.D. from the University of New Mexico in 1979.
- 2009-2017: Judge, New Mexico Second Judicial District Court]]
- 1979-2009: Attorney, Private practice
Malott ran unopposed in the general election, receiving 100% of the vote.
- Main article: New Mexico judicial elections, 2010
District judge rules that discrimination based on sexual orientation applies to marriage
|August 26, 2013|
|Judge Malott ruled on August 26, 2013 that, since New Mexico prohibits discrimination based on sexual orientation, same-sex marriage is legal in the state.
The ruling was in response to a lawsuit brought by the American Civil Liberties Union (ACLU) on behalf of six lesbian couples who were seeking marriage licenses. The sixth couple, Jen Roper and Angelique Neuman, were recently added to the lawsuit after they were wed in Santa Fe. They were seeking Judge Malott's ruling on whether or not the state would recognize Neuman's marriage on her death certificate, since she is terminally ill with cancer. The judge, however, shocked the ACLU by involving all six couples in such a sweeping decision.
The issue of gay marriage surfaced in other New Mexico courts a few days prior to this case. It all started when Dona Ana County Clerk Lynn Ellins decided on his own to start issuing marriage licenses to same-sex couples on August 21. The following day, the New Mexico Supreme Court ruled that a photography company could not refuse to photograph a lesbian wedding.. Also that day, Santa Fe Judge Sarah M. Singleton ruled that same-sex marriage was legal. This has resulted in a flood of applicants for marriage licenses in both Santa Fe and Dona Ana counties. The Bernalillo County clerk expected a similar rush after Judge Malott's decision.
Opponents of same-sex marriage, such as Sen. William Sharer, argue that it is the Legislature's job to change such laws, not local clerks or judges. He stated, "It is inexplicable how a district court just today discovered a new definition of marriage in our laws, when our marriage law has not been changed in over a century."
- ↑ Judges of the 2nd Judicial District Court
- ↑ See Judicial selection in New Mexico
- ↑ Judge Profile: Alan M. Malott on Martindale.com
- ↑ "Governor Bill Richardson appointed three new Judges to Second District Court", January 3, 2009
- ↑ New Mexico Secretary of State, Unofficial Statewide Results
- ↑ The Wall Street Journal - Law Blog, "Photographers Discriminated Against Gay Couple, Court Rules", August 22, 2013
- ↑ The Washington Times, "ACLU ‘stunned’ as N.M. judge rules gay marriage legal, despite law", August 27, 2013
- ↑ Fox News, "Judge orders New Mexico county to issue same-sex marriage licenses", August 27, 2013