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New Mexico

Santa Fe passes resolution recognizing gay marriage as legal in New Mexico

Thursday, April 25, 2013

SANTA FE, N.M. — The Santa Fe City Council has passed a controversial resolution recognizing same-sex marriage as legal in New Mexico.

Wednesday night’s vote for the largely symbolic measure was 5-1 with two abstentions.

Santa Fe Mayor David Coss was a sponsor of the measure.

Council members who abstained or voted “no” say the city has no authority to make law on same-sex marriage and claim the issue has divided or polarized residents.

Last month, Coss and a city council member said New Mexico county clerks should issue marriage licenses to same-sex couples, and Santa Fe’s city attorney Geno Zamora advised it would be legal to do so.

A legal memo by Zamora noted:

  • 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.

New Mexico Attorney General Gary King is in the process of coming up with an opinion on the subject, which hasn’t been adjudicated with finality in the state’s court system.

Associated Press contributed to this report.
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17 more reader comments:

  1. YAY YAY YAY!!!!

    Posted on Thursday, April 25, 2013 at 9:07am
  2. NOW for the whole state to provide equality!!!

    Posted on Thursday, April 25, 2013 at 9:07am
  3. Congrats!

    Posted on Thursday, April 25, 2013 at 9:09am
  4. 11 States Down….. 39 to go.

    Posted on Thursday, April 25, 2013 at 9:11am
  5. Hurray!!!

    Posted on Thursday, April 25, 2013 at 9:14am
  6. hurry for sure

    Posted on Thursday, April 25, 2013 at 9:24am
  7. Great news!!!

    Posted on Thursday, April 25, 2013 at 9:27am
  8. (y)

    Posted on Thursday, April 25, 2013 at 9:29am
  9. YAY

    Posted on Thursday, April 25, 2013 at 9:31am
  10. Two states in one week! This is great ^_^

    Posted on Thursday, April 25, 2013 at 9:40am
  11. Good job !!

    Posted on Thursday, April 25, 2013 at 10:05am
  12. now for ALL of New Mexico not just Santa Fa to allow everyone the freedom to marry .

    Posted on Thursday, April 25, 2013 at 10:10am
  13. We also got married at the State Capitol building in a mass ceremony.

    Posted on Thursday, April 25, 2013 at 10:13am
  14. Santa Fe is not a state.

    Posted on Thursday, April 25, 2013 at 10:40am
  15. Thats awesome. force the issue with the state. Thank you Santa Fe

    Posted on Thursday, April 25, 2013 at 10:45am
  16. We are fighting for marriage equality here in NM! :)

    Posted on Thursday, April 25, 2013 at 11:28am
  17. Woo-who

    Posted on Thursday, April 25, 2013 at 11:29am