What could be bigger gay news than Hillary coming out for
marriage, formerly anti-gay Sen. Rob Portman “evolving” to support marriage for his gay son, or new polling showing 58% of
Americans supporting marriage?
How about New Mexico legalizing marriage equality?
The City of Santa Fe thinks it already is legal and they are about
to make it official.
This morning we joined Mayor Coss and Councilor Bushee to
announce that they are sponsoring an official resolution “recognizing that
same-sex marriage is legal in New Mexico and encouraging New Mexico’s county
clerks to issue licenses to same-sex couples.”
That’s a big deal and here’s how it works:
Santa Fe’s City Attorney Geno Zamora dug into the law and
New Mexico’s laws do not define marriage as between a man and a woman, the definitions are gender-neutral,
A statutory list of
prohibited marriages does not list same-sex couples;
Same-sex marriages from other states are already recognized by New Mexico law;
To discriminate against same-sex couples would violate the New Mexico Constitution which requires equality under the law regardless of sex.
His legal memo is the basis of the
The city says the resolution provides the legal
justification for county clerks to issue marriage licenses to loving, committed
couples and tells couples how to file suit if they are denied.
The resolution will be introduced next week, just as the Supreme Court takes up arguments on gay marriage and
After waiting too long for New Mexico's legislature to do the right thing, others are stepping up and it's time we support them.