Santa Fe mayor, city attorney say same-sex marriage is legal (read the docs)

Posted at: 03/19/2013 12:45 PM
Updated at: 03/19/2013 1:24 PM
By: The Associated Press

Photo: Dave Coss
Photo: Dave Coss

SANTA FE, N.M. (AP) - 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.

Read the resolution:

Santa Fe Same Sex Marriage Resolution



They have a legal memo in which City Attorney Geno Zamara says same-sex marriage is permitted in New Mexico.

Read the memo:

Santa Fe Same Sex Marriage Memo

Zamora says that's partly so because New Mexico law defining marriage is gender-neutral and lacks any prohibition on same-sex marriage.

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.

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