Santa Fe Mayor David Coss and a City Council member say New Mexico county clerks should issue marriage licenses to same-sex couples, and Santa Fe’s city attorney says it’d be legal to do so.
Coss and Councilor Patti Bushee plan to introduce a City Council resolution on March 27 “recognizing” that same-sex marriage is legal in New Mexico.
Aparently, City Attorney Geno Zamora has issued a legal memo which says same-sex marriage is permitted in New Mexico.
The legal opinion, drafted by City Attorney Geno Zamora, notes:
1) New Mexico’s laws do not define marriage as between a man and a woman, the definitions are gender-neutral
2) A statutory list of prohibited marriages does not list same-sex couples
3) Same-sex marriages from other states are already recognized by New Mexico law
4) To discriminate against same-sex couples would violate the New Mexico Constitution which requires equality under the law regardless of sex
Zamora also says same-sex marriage is legal because the state already recognizes same-marriages from other states and the New Mexico Constitution requires equal treatment on the basis of sex.
A petition has been launched to support the mayor’s move. Click here for more info on the petition.
(source)
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