We at FGGAM have been waiting for the Attorney General to voice his opinion on this issue.
It has happened.
At a news conference in Albuquerque, Attorney General Gary King raised the question of constitutionality of state law regarding same-sex marriage.
“Based on extensive research, we cannot state definitively that New Mexico law currently permits same-sex marriage. Although state statutes may limit marriage to couples of the opposite sex, this does not mean they will pass constitutional muster,” King said. “New Mexico statutes that preclude same-sex couples from marrying are vulnerable to challenge under the equal protection guarantees of the federal and state constitutions.”
King also announced that because of a pending lawsuit in Bernalillo County over the issuing of same-sex marriage licenses, there will not be a formal Attorney General’s opinion.
King added, “I am keenly aware that some county clerks may have been waiting for direction regarding their authority under current New Mexico law to issue marriage licenses to same-sex couples. Because of our conclusion, we caution against issuing marriage licenses to same sex couples before the courts have decided the issue or the legislature changes the law.”
Let us continue to stand for the sanctity of marriage. On this weeks Dewey and Friends on KAZQ CH 32 Saturday night at 7:30, Pastor Glenn Strock shares on the battle for the sanctity of marriage in our country.
In the meantime the Santa Fe Reporter has this related story today:
The law firm of state Rep. Brian Egolf, D-Santa Fe, is petitioning the First Judicial District Court to compel the Santa Fe County Clerk to “perform her non-discretionary duty” and issue a marriage license to a local same-sex couple.
The petition for a writ of mandamus names Santa Fe County Clerk Geraldine Salazar, asking her to issue a marriage license to Santa Fe County couple, Alexander Hanna and “his long-term partner,” Yon Hudson.
“New Mexico’s definition of marriage does not contain any limitation or requirement as to the gender of the parties,” the petition states.
The petition says the couple applied for a marriage license on June 6. The County Clerk denied that application, according to the petition. In addition to asking the court to compel issuance of the marriage license, the petition asks the court to award the couple “damages, costs, reasonable attorney’s fees and disbursements.”
