Tuesday, January 4, 2011

AG Says NM Can Recognize Out-of-State Gay Marriage

Attorney General Gary King just issued an opinion saying, "A comprehensive legal analysis by my office concludes that valid same-sex marriages in other states would likely be valid in New Mexico."

The opinion is in answer to a question posed by state Rep. Al Park, D-Albuquerque.

"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." the opinion says.

You can bet this will be discussed in the upcoming Legislature. I wouldn't bet on them passing a law recognizing gay marriages from out of state. Something tells me the courts might be deciding on that.

UPDATE: 6 p.m. This just in from the Governor's Office:

“Governor Martinez made it clear during the campaign that she opposes same-sex marriage.  It’s important to note that no New Mexico court has ruled on this issue.” 

Here's the AG's opinion. Use the full-screen mode.

4 Jan 11-Rep. Al Park-Opinion 11-01[1]