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New Mexico

N.M. governor: AG was correct in not issuing opinion on same-sex marriage

Friday, June 7, 2013

ALBUQUERQUE, N.M. — Gov. Susana Martinez says Attorney General Gary King was right in not issuing a formal opinion on whether same-sex marriage is legal in New Mexico and her office will not get involved in any challenges.

Gov. Susana Martinez (R-N.M.)

Martinez told the Associated Press on Friday that she also believed the courts should decide if same-sex marriage is legal in the state.

Her comments come a day after King — who is seeking to challenge Martinez for governor in 2014 — declined to issue a formal opinion on the matter after being asked by a state lawmaker.

An internal legal analysis by his staff, however, concluded that state law doesn’t allow same-sex marriage but is vulnerable to a constitutional challenge.

Meanwhile, officials in the capital city of Santa Fe recently passed a resolution recognizing same-sex marriage as legal in the state.

The resolution followed the advise of Santa Fe’s city attorney Geno Zamora, who noted that New Mexico marriage laws are are gender-neutral, do not define marriage as exclusively between a man and a woman, and that a statutory list of prohibited marriages does not list same-sex couples.

Zamora said that to discriminate against same-sex couples would violate the New Mexico Constitution, which requires equality under the law regardless of sex.

Previously, dozens of licenses were issued to same-sex couples in 2004 by a Sandoval County clerk, but then-Attorney General Patricia Madrid declared the licenses invalid.

Currently, three gay couples have filed lawsuits in state court challenging county clerks’ refusals to grant same-sex marriage licenses.

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

  1. SHE’S A BITCH…..

    Posted on Friday, June 7, 2013 at 5:00pm

    Posted on Friday, June 7, 2013 at 5:00pm
  3. Typical…let’s not get involved in American citizen rights, not for gay Americans,because we don’t have to,we can just sit on the side lines and do nothing and not be blatant bigots, even though that is exactly what we really are by not even trying to do anything about this issue;yet there are still those who routinely vilify me when I state that Federal legislation is the only way for this nation’s gay community to be given our due as full American citizens. Selective equality based on state and local legislation,depending in what state and/or locality a gay person resides, is as bad,or even worse,as is across the board legislated discrimination. And that is exactly what we have in this nation. How can a matter of law not be the concern of any legislature or legislator? Answer: when it concerns the American citizen rights of the US gay community.

    Posted on Friday, June 7, 2013 at 5:24pm
  4. She better stand by her words of letting the courts decide if the NM courts rule in favor of marriage equality; she better not try to promote a state constitution amendment

    Posted on Friday, June 7, 2013 at 5:54pm
  5. She is by far the worst governor in the history of New Mexico. She is a disgrace to women, politics and humans. She is a blatant hypocrite and I can’t wait to help vote her out of office,

    Posted on Friday, June 7, 2013 at 10:03pm
  6. My hometown and she is a chicken in sheeps clothing.

    Posted on Saturday, June 8, 2013 at 4:50am