Lynn Ellins remembered for pioneering LGBTQ marriage access in New Mexico

Lynn Ellins, who served Doña Ana County as an elected commissioner and county clerk, died on May 30, 2024. He was 87 years old.

As county clerk in 2013, he forced the state of New Mexico to decide on the legality of LGBTQ marriages when he proceeded to issue marriage licenses to same-sex couples.

The county remembered Ellins with a proclamation and a few speeches during a Board of County Commissioners special meeting on Aug. 9.

Ellins was an officer in the U.S. Navy, legal counsel to a committee of the New York State Senate, a member of the University of Colorado Board of Regents and a deputy secretary of state in Colorado.

“Commissioner Ellins brought a wealth of experience to his role and a strong sense of duty and commitment to our community,” said Commissioner Susana Chaparro. “Most importantly, as a colleague, he treated everybody with dignity and respect. And to me, he was always a very loyal friend.”

It may be an overstatement to say that Ellins single-handedly forced New Mexico to decide on the constitutionality of same-sex marriage, but not by much.

In 2013, County Clerk Ellins began issuing marriage licenses to same-sex couples. He was not the first in the country to do so, but Ellins acted at a time when New Mexico seemed deadlocked over whether it should guarantee LGBTQ people access to the status of marriage.

Ellins argued that he was duty-bound to do so by the state constitution. In 2013, he told the New York Times that he had exhausted his patience waiting for the courts to resolve the ambiguity in the state’s definition of marriage.

The law did not mention gender at the time, but the marriage applications used by county clerks required couples to list their names under “bride” and “groom.”  

“If the court tells me to stop, I’ll stop,” Mr. Ellins told the Times. “But until that happens, we’re open for business.”

Dozens of other clerks followed suit, while others announced they would stop issuing licenses to same-sex couples.

"And we all agreed that it was about time to bring this thing to a head, and if we did nothing, the cases would languish in the district court if we did not move to issue these licenses and try and put the ball in play," Ellins told NPR in a 2013 interview.

Eventually, the New Mexico Supreme Court ruled that the state constitution allowed same-sex marriage.

Ellins later served on the Board of County Commissioners and helped usher in several changes, including the building of the county Crisis Triage Center.

“Lynn will always be known for many things,” said current County Clerk Amanda López Askin. “He was often referred to as a curmudgeon. But he was our curmudgeon.”

López Askin added that Ellins will be remembered as someone with political bravery.

Ellins' final role in government in Las Cruces was commissioner. In 2022, he lost his seat to fellow Democrat Christopher Schaljo-Hernandez.

At his last meeting on Dec. 13, 2022, Ellins took the opportunity to reflect on his time in public service.

“It’s been a good ride. Fifteen years serving the people of this county, and I hope that, for the most part, I made a positive change and difference in their lives,” Ellins said. “I’ve certainly tried to.”