SANTA FE, N.M. — Just one week before the U.S. Supreme Court is set to take up the question of same-sex marriage, New Mexico’s capital city is declaring same-sex marriage legal in New Mexico and they’ve issued the legal memo and resolution supporting it.
Santa Fe Mayor David Coss and a City Council member say New Mexico county clerks should issue marriage licenses to same-sex couples, and Santa Fe’s city attorney says it would be legal to do so.
Coss and Councilor Patti Bushee plan to introduce a City Council resolution next week “recognizing” that same-sex marriage is legal in New Mexico.
They have a legal memo in which City Attorney Geno Zamora says same-sex marriage is permitted in New Mexico.
Zamora says that’s partly so because New Mexico law defining marriage is gender-neutral and lacks any prohibition on same-sex marriage.
The legal memo notes that:
- New Mexico’s laws do not define marriage as between a man and a woman, the definitions are gender-neutral;
- A statutory list of prohibited marriages does not list same-sex couples;
- Same-sex marriages from other states are already recognized by New Mexico law;
- To discriminate against same-sex couples would violate the New Mexico Constitution which requires equality under the law regardless of sex.
Zamora also says same-sex marriage is legal because the state already recognizes same-marriages from other states and the New Mexico Constitution requires equal treatment on the basis of sex.
The city council resolution will be introduced at the next city council meeting on March 27th.
In a statement, Pat Davis, executive director of ProgressNow New Mexico, praised the move from city officials.
“It’s about time someone made a legal argument for equality in New Mexico,” Davis said.
“Just this month, a Republican Senator publicly came out for his son’s right to marry, Hillary Clinton endorsed full equality and the Supreme Court is prepared to hear landmark arguments on DOMA and marriage. It’s time New Mexico join the ranks of the progressive states and stand up for loving, committed couples who want nothing more than to be treated the same as they already treat their neighbors,” Davis said.Phil Sisneros, a spokesman for Attorney General Gary King, said his office has not weighed in on the specific question of whether same sex-marriage is legal, and “to my knowledge, there has not been a formal request for an AG’s Opinion.”
Santa Fe County Clerk Geraldine Salazar, who took office this year, told the Santa Fe New Mexican on Tuesday that she has no intention of issuing same-sex marriage licenses unless there’s a change in what is now an ambiguous state law.
“I would love to be able to issue marriage licenses (to same sex couples) but under the current law, I feel I’m not free and clear to do so,” she said.
Developing story, check back for updates.
Filed under: Editor's Picks, New Mexico
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yay
YES!!
Yes ,Yes ,Yes!!!!
I wish our state would do that. They voted down a bill protecting us from losing our jobs, our houses…the anti-discrimination bill failed. We are never going to catch up.
One more step closer.
YES!
ALLLLL RIGHT!!!!!
hell yeah!!!!!!!!!!!!!!!!!!!!!!!!
Hellllllllll YES!!!
alright!
Maybe they will be the first one we will win without a fight. Depends on how hard the right pushes back, I guess.
It is ridiculous to have to fight and win rights one city or state at a time.
This is awesome! More and more states are accepting and legalizing gay marriage. Starting to like this country even more now.
:)
As a proud NM resident, born and raised, This is excellent news!!
everybody get on the love train!!!
Now that’s justice and equality. Made my day.
I live in NM lets not jump on the train just yet. If the Governor has something to do about it – it will not happen – she is very far Right and she will try to put a stop on our happiness.
Awesome New Mexico!!!
Governor has no authority here. The AG, or likely the State Supreme Court would have to step in.
Sweet!!
Live here I am so relieved I don’t have to stand in front of the round house with signs asking for support. The sun sucks here.
Yes!
Sweet for the Santa Fe BRAVO !!!!!!!!!!!!!!!!!!!!!!
Great Santa Fe!!
Hmmmmmmm…..this is strange!
As a New Mexican and a Santa Fean I laud this announcement. I just wish it had some teeth. There’s going to have to be either a change in leadership at the Roundhouse (our capital) or the Supreme court of NM is going to have to clarify this. The current position of neither allowing nor denying isn’t really helping. It simply turns this into tacit discrimination.
Wow!
I love how the Western US States have traditionally said “fuck it” to laws and pesky things like going through a process of legality to acquire whats right. I think more places should follow suit.
Don’t know how this will pan out… clerk is refusing to do it because it’s too ambiguous (don’t blame her) and the Governor opposes gay marriage. Sounds to me like this won’t go anywhere… although it’s a good statement!