09 24 13 Roswell Daily Record

Page 1

Roswell Daily Record THE VOICE OF THE PECOS VALLEY

Vol. 122, No. 229 75¢ Daily / $1.25 Sunday

September 24, 2013

Lawmakers oppose gay marriage, file court brief SANTA FE (AP) — Republican legislators are urging New Mexico’s highest court to declare that state law prohibits same-sex marriage.

Nearly two dozen current and former GOP lawmakers made the legal pitch to the state Supreme Court in a “friend-of-the-court” brief filed in advance of a hearing later this month in a case that could resolve whether gay marriage is legal in New Mexico.

The American Civil Liberties Union of New Mexico and other supporters of gay marriage also submitted written arguments Monday, providing a preview of the

www.rdrnews.com

legal debate that will play out in front of the fivemember court at its Oct. 23 hearing. At issue for the high court is an Albuquerque judge’s ruling last month that it’s unconstitutional to deny marriage licenses to gay and lesbian couples. “New Mexico’s guarantee of equal protection to its citizens demands that same sex couples be permitted to enjoy the benefits of marriage in the same way and to the same extent as other New Mexico citizens,” Attorney General Gary King said in arguments submitted on behalf of the judge. New Mexico law doesn’t

explicitly authorize or prohibit gay marriage. However, the GOP lawmakers said the law bans same-sex marriage because state statutes contain a marriage license application with sections for male and female applications and there are other provisions in law that refer to “husband” and “wife.

The Republican lawmakers, represented by a conservative Christian law group called the Alliance Defending Freedom, said anti-discrimination and equal protection guarantees in the state constitution do not provide a legal right to marriage for same-sex couples.

The lawmakers said that “the judiciary should exercise caution when asked to divine fundamental and important constitutional rights not expressly provided in the Constitution’s text.” The gay marriage issue has moved to the political front burner in New Mexico since August when Dona Ana County Clerk L ynn Ellins decided independently to allow marriage licenses for same-sex couples. At least seven other county clerks have followed, some because of rulings in lawsuits brought by same-sex couples. The gay marriage issue

TUESDAY

made its way to the Supreme Court after the state’s 33 counties and county clerks statewide asked the five justices to clarify whether local officials are required to grant marriage licenses to samesex couples.

County clerks historically have relied on the marriage license application in state law in denying marriage licenses to same-sex couples. Ellins, in written arguments to the Supreme Court, pointed out that the state’s Human Rights Act prohibits discrimination by businesses and others on the basis of sexual orienta-

tion. “This court now has the opportunity to establish marital equality in New Mexico, and lay a cornerstone of its legacy in the history of redressing discrimination based on sexual orientation,” a lawyer for Ellins wrote. Sixteen University of New Mexico law professors also urged the court to declare same-sex marriage legal. “The limitation imposed on same-sex couples seeking to exercise their right to marry discriminates against members of a group with a history of marginalization and exclusion,” the law professors said.

Kenyan officials claim last push to end mall siege

Jill McLaughlin Photo

Manure biogas venture considered

AG Power's plan to convert dairy waste from Chaves County farms into usable biofuel will first include the construction of a plant at the corner of Price Lane and Tumbleweed Road.

industry within the state.

JILL MCLAUGHLIN RECORD STAFF WRITER

An innovative project to tur n Chaves County’s dairy waste into useable fuel could pave the way for the county to become New Mexico’s forerunner in this type of biogas

“It’s the first project of its kind in New Mexico,” said AG Power President Dewey Vaughn.

The impact the project will have on the future of transportation fuels — diesel or gasoline — could be immense. And, it will

Legion Riders roll into Roswell

Jill McLaughlin Photo

Roswell's American Legion Post 28 hosted the arrival of New Mexico American Legion Riders Monday. JILL MCLAUGHLIN RECORD STAFF WRITER American Legion Riders from across New Mexico rolled into Roswell’s Post 28 parking lot Monday afternoon in an effort to ferry sup-

plies to wounded warriors. Unfortunately, the donation-filled trailer they were escorting broke down outside of Moriarty. But, the detour didn’t stop many of them

be renewable and sustainable.

AG Power FP1, LLC, based in Roswell, plans to break ground by the end of the year on a plant near the intersection of Prices Lane and Tumbleweed Road, near Three Amigos Dairy.

Seven dairies in the area will be connected through a pipeline that will run into the facility. Soon, manure mixed with wastewater will be flushed underground to a processing facility to be converted

See BIOGAS, Page A3

New signs illegal immigration is rising

WASHINGTON (AP) — The number of immigrants crossing the border illegally into the U.S. appears to be on the rise again after dropping during the recession. The total number of immigrants living in this country unlawfully edged up from 11.3 million in 2009 to 11.7 million last year, with those from countries other than Mexico at an apparent all-time high, according to a report released Monday by the Pew Research Center’s Hispanic Trends Project. The change is within the margin of error, and there will be a more precise census measure released later this year. Still, based in part on other factors such as increased U.S. border apprehensions, the sharp decline in illegal immigration from 2007-2009 has clearly bottomed out, with signs the numbers are now rising, Pew said. Pew said that among the six states with the largest numbers of immigrants here illegally, only Texas had a consistent increase in illegal immigration from 2007 to 2011, due in part to its stronger economy. Its number was unchanged from 2011 to 2012. Two states — Florida and New Jersey — had an initial drop but

AP Photo

Kenyan Defense Forces leave the near vicinity of the Westgate Mall in Nairobi, Kenya, on Monday.

NAIROBI, Kenya (AP) — Kenyan security forces battled alQaida-linked terrorists in an upscale mall for a third day Monday in what they said was a final push to rescue the last few hostages in a siege that has left at least 62 people dead. While the government announced Sunday that “most” hostages had been released, a security expert with contacts inside the mall said at least 10 were still being held by a band of attackers described as “a multinational collection from all over the world.” Kenyan Foreign Minister Amina Mohamed said “two or three Americans” and “one Brit” were among those who attacked the mall. She said in an interview with the PBS “NewsHour” program that the Americans were 18 to 19 years old, of Somali or Arab origin and lived “in Minnesota and one other place” in the U.S. U.S. officials said they were looking into whether any Americans were involved. State Department spokeswoman Jen Psaki said Monday that the department had “no definitive evidence of the nationalities or the identities” of the attackers. The security expert, who insisted on anonymity to talk freely about the situation, said many hostages had been freed or escaped in the previous 24-36 hours, including some who were in hiding. However, there were at least 30 hostages when the assault by al-Shabab militants began Saturday, he said, and “it’s clear” that Kenyan security officials “haven’t cleared the building fully.” Flames and dark plumes of smoke rose Monday above the Westgate shopping complex for more than an hour after four large explosions rocked the surrounding neighborhood. The

See IMMIGRATION Page A3

Esperanza House: Helping victims of sexual assault in Roswell since 1992 JESSICA PALMER RECORD STAFF WRITER

Esperanza House provides a vital service to the community. The organization deals with sensitivity with some of the most difficult off all crimes, the sexual abuse of children and sexual assaults upon

under the United Way’s 501(c)3,” said Turner. He was on the original Board of Directors for Esperanza House. He became an employee in 1996.

adults, under any name from criminal sexual penetration to criminal sexual contact. “Esperanza House was created by a group of ladies who got together and saw the need,” said Executive Director Mike Turner. The organization was formed in 1992. It became a 501(c)3 in 1993. “During the first year, we worked

HIGH 87 LOW 56

TODAY’S FORECAST

PAGE A6

This article is one in a series of stories focusing on local agencies that receive support from the United Way of Chaves County, which is currently conducting its annual fundraising campaign.

See RIDERS, Page A3

Esperanza House does the forensic interviews and forensic exams of victims. It operates the SANE program, which stands for the Sexual Assault Nurse Examiners. Qualified nurses must be registered with a minimum of three to five years experience. They take an intensive 6-day class, undergo a mentorship where they work with other nurse examiners. The nurses must also

• MARY M. EICK • JUANITA S. ESQUIBEL • JAMES HASSLER STRICKLAND

take a certain number of continuing education units to maintain their SANE status. The organization also operates the SART program. SART stands for the Sexual Assault Response Team, which includes nurses, law enforcement and victims advocates. Rapes and sexual abuse are among the most under-reported of all crimes. The Rape, Assault, Incest National Network website says that less than half of all cases are reported to the police or any other government agency. According to RAINN statistics, of 100

• ANNE LANKFORD HENNIGHAUSEN • RICHARD T. KNOWLES • CORINNE A. VERHINES

TODAY’S OBITUARIES

See KENYA, Page A3

CLASSIFIEDS ..........B6 COMICS .................B4 ENTERTAINMENT .....A8 FINANCIAL ..............B5

rapes, only 46 will get reported to the police. Only 12 of the crimes reported will lead to an arrest; five will result in felony conviction and only three of the perpetrators will spend any time in prison. Locally, Esperanza House will see 60 to 70 adult victims in a year while child abuse cases range from 150 to 175 cases each year. Of these only a few will go to court. Turner explained that the victims, young and old alike, must face fear resulting from threats of the crimiSee ESPERANZA, Page A3

INDEX GENERAL ...............A2 HOROSCOPES .........A8 LOTTERIES .............A2 NATION ..................A6

OPINION .................A4 SPORTS .................B1 WEATHER ..............A8


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.