Thanks to two official documents Santa Fe, New Mexico’s Mayor David Coss, Councilor Patti Bushee and City Attorney Geno Zamora are claiming 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 and allow them to get married.
One 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 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.”
In a statement, Pat Davis, executive director of ProgressNow New Mexico, praised the move from city officials.
“It’s about time someone made a legal argument for equality in New Mexico,” Davis said. “Just this month, a Republican Senator publicly came out for his son’s right to marry, Hillary Clinton endorsed full equality and the Supreme Court is prepared to hear landmark arguments on DOMA and marriage. It’s time New Mexico join the ranks of the progressive states and stand up for loving, committed couples who want nothing more than to be treated the same as they already treat their neighbors.”