NM Attorney General’s opinion: NM should recognize same-sex marriages from elsewhere

By Rob Nikolewski on January 4, 2011
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Rep. Al Park (D-Albuquerque) recently asked New Mexico Attorney General Gary King for an opinion on whether same-sex marriages from other jurisdictions are valid in New Mexico.

Today, King responded by saying that although a majority of states bar recognition of same-sex marriages performed in other states (in accordance to the federal Defense of Marriage Act), the attorney general says that since the state does not have an explicit statute prohibiting the recognition of same-sex marriage from out of state (as well as citing a couple court cases), “we conclude that a court addressing the issue would likely hold … that a valid same-sex marriage from another jurisdiction is valid in New Mexico.”

Steve Terrell of the Santa Fe New Mexican posts on his “Roundhouse Roundup” blog that:

You can bet this will be discussed in the upcoming Legislature. I wouldn’t bet on them passing a law recognizing gay marriages from out of state. Something tells me the courts might be deciding on that.

UPDATE: 6 p.m. This just in from the Governor’s Office:

“Governor Martinez made it clear during the campaign that she opposes same-sex marriage.  It’s important to note that no New Mexico court has ruled on this issue.” 

Personally, I think the legislature and the new governor should concentrate on fiscal issues this session and put the social issues on the backburner.

Posted under Capitol Report.
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