Apparently, Same-Sex Marriage Has Been Legal In New Mexico And We Just Didn’t Know?

Apparently, same-sex marriage is legal in New Mexico, and we just didn’t know. Maybe. According to the mayor and city attorneys of Santa Fe, New Mexico marriage laws are not gender-specific, and the state has an anti-discrimination law that includes LGBT people, and New Mexico recognizes out-of-state same-sex marriages already.

The case could become similar to one in Iowa, where state Supreme Court justices determined the state constitution ruled discriminating against same-sex couples wishing to marry was unconstitutional.

And while you may not want to book a flight or call a real estate agent quite yet, it’s a fascinating development, and the City of Santa Fe is now pushing the city council for a local resolution, as Chris Johnson at the Washington Blade reports:

“Santa Fe is a city of respect, acceptance, and diversity that embraces all of our residents,” said Mayor David Coss in a statement. “I sponsored this resolution because all loving, committed couples should have the right to marry regardless of their sexual orientation.”

One is a legal document, dated March 19, from the city attorney explaining the reasoning that same-sex marriage is legal in New Mexico. As noted in the memo, no law prohibits explicitly same-sex marriage in New Mexico and the state already recognizes already recognizes such unions from other jurisdictions.

“New Mexico law does not define marriage as between a man and a woman,” the document concludes. “Nor does New Mexico law prohibit same-sex marriage. New Mexico already recognizes same-sex marriage performed in other states and our Constitution requires equal treatment on the basis of sex. Same-sex marriage is legal in New Mexico.”

The proposed resolution from Coss and Bushee for the city council also asserts same-sex marriage is legal in New Mexico and encourages clerks throughout the state to offer marriage licenses to same-sex couples. The resolution is set for introduction before the city council on March 27 — the same day that the U.S. Supreme Court will hear arguments in the case against the Defense of Marriage Act.

Depending on how far this goes, it’s clear New Mexico Republican governor Susana Martinez is not jumping up and down to sign any same-sex marriage legislation.

Image via Flickr by rgallant_photography