The New Mexico Supreme Court has declined to immediately consider whether or not same-sex marriage is legal in that state. Still, they have stated that the case, which was filed in district court earlier this year, must make its way through the courts expeditiously.
The ruling was a disappointment to Equality New Mexico. Their Executive Director, Amber Royster, stated that “While we are obviously disappointed that the State Supreme Court chose not to immediately address the issue of marriage for same-sex couples. We appreciate the Court’s recognition of the critical need for a swift decision. Far too many New Mexicans will never see the day their love, commitment, and family are finally recognized and protected under the law, so we sincerely hope the district court case will move quickly.”
The issue of whether or not New Mexico already allows for same-sex marriages is up for debate. The state does not have an explicit ban on same-sex marriages, and the marriage law in the state is gender neutral. This leads many LGBT activists certain that the state already has same-sex marriages even though there are no laws specifically granting it.
Currently, there are thirteen states which allow same-sex couples to marry, and the District of Columbia. Illinois is among the states working towards marriage equality legislation, but that has been stalled.
Recently, the United States Supreme Court weighed in on the issue of same-sex marriage by overturning both California’s Prop 8 and Section 3 of the Defense of Marriage Act. Their decision left Section 2 intact and did not grant same-sex marriages across the board in all states.