New Mexico County Clerk Now Issuing Marriage Licenses To Same-Sex Couples

Lynn Ellins, a Doña Ana, New Mexico county clerk is now issuing marriage licenses to same-sex couples, based on a Santa Fe City Council resolution and a recent statement by the state Attorney General. Currently, the state of New Mexico has not specifically extended marriage equality to same-sex couples via judicial or legislative means.

LOOK: 12 States Where Same-Sex Marriage Isn’t Legal — But Could Be

New Mexico Attorney General Gary King last month stated that New Mexico’s ban on same-sex marriage is unconstitutional, and “has refused to defend the ban and has asked the Supreme Court to declare New Mexico’s prohibition of same-gender marriage unconstitutional under the state’s constitution,” the Las Cruces Sun-News reports today.

Referring to a recent New Mexico Supreme Court case, Ellins says he, as an attorney, has determined that denying same-sex couples in New Mexico marriage licenses would actually be unconstitutional.

“I am mindful that I took an oath of office to uphold the Constitution of the State of New Mexico as Doña Ana County Clerk. I am an attorney, and I have read the AG’s opinion, and I find it to be sound. After careful review of New Mexico’s laws it is clear that the state’s marriage statutes are gender neutral and do not expressly prohibit Doña Ana County from issuing marriage licenses to same-gender couples. Any further denial of marriage licenses to these couples violates the United States and New Mexico Constitution and the New Mexico Human Rights Act. Doña Ana County is upholding New Mexico law by issuing these marriage licenses, and I see no reason to make committed couples in Doña Ana County wait another minute to marry.”

“This morning’s announcement demonstrates how critical the issue of marriage equality is in New Mexico,” Equality New Mexico’s Executive Director, Amber Royster, said in a press release:

“Committed, loving same-sex couples are tired of being second-class citizens. The State Supreme Court, however, has made it clear that they want the matter decided through the lawsuit filed in district court earlier this year, and in the most expeditious manner possible. Our hope is that this morning’s action will further demonstrate the need for such expedited consideration.”

A May 2013 poll put same-sex marriage support at 44 percent in New Mexico.

#NM lawyer tells me Dona Ana County clerk has issued 7 #SSM marriage licenses “and a bunch of people are calling to say they’re coming.”

— Fernanda Santos (@fernandaNYT) August 21, 2013

 

Related:

Activists Moving For Marriage Equality In Ten States — How Long Will It Take?

Same-Sex Couple Forced To Sit In Back Of The Bus

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