Santa Fe officials: Marriage equality technically legal in N.M.

Santa Fe Mayor David Coss

Santa Fe Mayor David Coss

Washington Blade

City officials in Sante Fe are asserting that same-sex marriage is already legal in New Mexico and are encouraging county clerks in the state to offer marriage licenses to gay couples. Santa Fe Mayor David Coss, Councilor Patti Bushee and City Attorney Geno Zamora have unveiled two documents laying out their case and proposing action on behalf on same-sex couples seeking to marry: a legal document and a proposed resolution for the city council.

The legal document, dated March 19, is from the city attorney explaining the reasoning that same-sex marriage is legal in New Mexico. “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.” Santa Fe County Clerk Geraldine Salazar, however, said she won’t issue same-sex marriage licenses until state law changes.

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