SANTA FE, N.M. — Attorney General Gary King says marriage licenses issued to same-sex couples in 2004 in New Mexico’s Sandoval County remain valid.
King said Wednesday that licenses issued by a county clerk are “presumptively valid” unless voided by a court.
King delivered the non-binding advice in a letter to the current Sandoval County clerk, who found that some of the 2004 licenses recorded in the clerk’s office were labeled as void or invalid.
King said a county clerk is responsible for issuing marriage licenses but “New Mexico law plainly does not provide county clerks with the rights to invalidate marriages.”
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Former Sandoval County Victoria Dunlap issued more than 60 licenses on Feb. 20, 2004, but stopped later the same day after then Attorney General Patricia Madrid objected.
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