New Mexico can recognize out-of-state Gay marriages, attorney general says
 

Seattle Gay News
Mobile Edition
rss: SGN Calendar For Mobile Phones http://sgn.org/rssCalendarMobile.xml



SGN Mobile Front Page

SGN ARTS & ENTERTAINMENT SECTION

MOVIE REVIEWS
CALENDAR
NORTHWEST NEWS CALENDAR
CLASSIFIED

click here to go to the main SGN website

 

posted Friday, January 7, 2011 - Volume 39 Issue 01

New Mexico can recognize out-of-state Gay marriages, attorney general says
by Mike Andrew - SGN Staff Writer

New Mexico Attorney General Gary King has issued an opinion stating that same-sex marriages concluded in another state could be recognized under New Mexico law.

King announced his opinion on January 4.

'A comprehensive legal analysis by my office concludes that valid same-sex marriages in other states would likely be valid in New Mexico,' he said.

'While we cannot predict how a New Mexico court would rule on this issue, after review of the law in this area, it is our opinion that a same-sex marriage that is valid under the laws of the country or state where it was consummated would likewise be found valid in New Mexico,' King wrote in his opinion.

While 40 states forbid recognition of same-sex marriages, King says that New Mexico's law does 'not explicitly address the recognition of same-sex marriages from other jurisdictions,' according to the release announcing the opinion.

The attorney general's opinion also addresses the impact of federal law.

'The federal [Defense of Marriage Act] authorizes states to prohibit the recognition of out-of-state, same-sex marriages. While many states have enacted such a prohibition, New Mexico has not,' King's opinion says.

The opinion notes that Maryland's attorney general recently spoke to the same issue and concluded, 'Maryland would likely recognize an out-of-state, same-sex marriage despite a state law that precludes same-sex marriage.'

King's opinion notes that five states plus Washington, D.C., currently recognize same sex marriages as legal, which 'increases the likelihood that New Mexico residents of the same sex who married while traveling or who move to New Mexico after marrying in a jurisdiction that allows same-sex marriages will seek to have their marriages recognized in this state.'

Currently only New York, Rhode Island, and Maryland do not perform same-sex marriages, but do recognize them if they are valid in other jurisdictions.

King issued his opinion at the request of New Mexico State Rep. Al Park (D-Albuquerque).

A law recognizing marriages in other states has been on New Mexico books for decades, Park told the Santa Fe New Mexican. But, he said, 'Some [same-sex couples] trying to utilize it have not been successful.'

'I predict this [opinion] will generally fire up opponents,' Park concluded. 'My guess is that you'll see opponents trying to pass a Defense of Marriage Act in the next session.'

Associated Press reported that Sen. William Sharer (R-Farmington) will introduce a constitutional amendment during the upcoming legislative session to define marriage as a relationship between one man and one woman.



next story
Admiral Mullen adds DADT repeal to 2011 guidance
------------------------------
Navy captain canned after raunchy video surfaces
------------------------------
Seattle hosts first-ever West Coast LGBT Tourism Summit
------------------------------
Ninth Circuit issues orders in Prop 8 case
------------------------------
Gov. Christie signs 'Anti-Bullying Bill of Rights'
------------------------------
Pride Foundation to award more than $400,000 in scholarship money
------------------------------
General Gayety: Santa's elves demand end to discriminatory policy
------------------------------
New Mexico can recognize out-of-state Gay marriages, attorney general says
------------------------------
U.S. passport applications now reflect all families
------------------------------
'Don't out Gays,' Uganda judge tells tabloid
------------------------------
Pope vs. Spain: Political slugfest highlights Gay rights
------------------------------
Gay newspaper boxes vandalized in Vancouver, B.C.
------------------------------
We love Obama the most, new poll says
------------------------------
Equality Utah named as one of 2010's Gay Rights Heroes
------------------------------
The OutField: The beautiful game heads to anti-Gay Qatar
------------------------------
Florida governor celebrates inauguration with prayer and bigotry
------------------------------
BREAKING NEWS
------------------------------
Arizona Gay teen threatens lawsuit over bullying
------------------------------
GATES CALLS FOR ACCELERATED REPEAL OF 'DON'T ASK, DON'T TELL'
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------
GATES CALLS FOR ACCELERATED REPEAL OF 'DON'T ASK, DON'T TELL'
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------
 
search SGN
SERVING SEATTLE AND THE PACIFIC NORTHWEST FOR 36 YEARS!