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Santa Fe FindsThat New Mexico Already Has Same-Sex Marriage

The Devil Is In The Details In The Land of Enchantment

Marriage Equality

Marriage Equality (Photo credit: lez get real)

Utoh this news isn’t going to sit well with some people. Apparently same-sex marriage is already legal in New Mexico. Mayor David Coss of Santa Fe believes that same-sex marriage is already legal. Why? Well…According to the City’s Attorney Geno Zamora, New Mexico’s marriage law is missing something-

Gender.

Worse…the list of prohibited marriages in the law does not include same-sex couples. So, this morning, Mayor Coss and Councilor Bushee announced that they are sponsoring an official resolution “recognizing that same-sex marriage is legal in New Mexico and encouraging New Mexico’s county clerks to issue licenses to same-sex couples.”

Zamora also found that there was more to support this. As Equality New Mexico noted “Same-sex marriages from other states are already recognized by New Mexico law, and to discriminate against same-sex couples would violate the New Mexico Constitution which requires equality under the law regardless of sex.”

The Resolution will be introduced next week, and according to EQNM “The city says the resolution provides the legal justification for county clerks to issue marriage licenses to loving, committed couples and tells couples how to file suit if they are denied.”

Oops, a long time ago, Vermont had a similar situation occur in which they gender neutralized all the laws…including the marriage law…and that became the basis for the civil unions ruling.  Should this hold true, it will bring up to exactly ten the number of states and the District of Columbia that have same-sex marriage.  That would mean one fifth of the states officially have marriage equality.  It also seems unlikely that a marriage equality ban will make it through New Mexico’s legislature at this point in time.

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2 Responses to Santa Fe FindsThat New Mexico Already Has Same-Sex Marriage

  1. David Henderson

    March 19, 2013 at 3:25 pm

    “It also seems unlikely that a marriage equality ban will make it through New Mexico’s legislature at this point in time.”

    Earlier this year, HJR4 was introduced in the state House to put a question on the ballot about banning marriage by same-sex couples. The resolution failed in the Consumer & Public Affairs committee by a 3-2 vote on February 5th, 2013.

    An opposing measure, HJR3, was introduced to put a different question on the ballot, this one recognizing marriage by same-sex couples. That resolution passed the same committee 3-2 but failed in its next committee, the Voting & Elections Committee, by a vote of 7-4 on February 21.

    • Bridgette P. LaVictoire

      March 19, 2013 at 3:33 pm

      Thank you, David. I didn’t have that right on hand so I couldn’t add it to my piece.