New Mexico

N.M. Attorney General says 2004 same-sex marriage licenses remain legal

Gary King LGBTQ Nation

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.

Gary King

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.”

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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