Same-sex marriage in New Mexico
Encyclopedia
Same-sex marriage
s are not performed in the state of New Mexico
, which also does not provide civil union
s or domestic partnership
s. Although New Mexican law does not explicitly permit or prohibit same-sex marriage, the state does not recognize such marriages established in other jurisdictions.
A June 2011 Public Policy Polling
survey found that 68% of New Mexico voters supported legal recognition of same-sex couples.
Advocacy group Freedom to Marry summarizes the legal situation as of early 2011 this way:
issued an opinion in response to a formal inquiry by State Representative Al Park, who asked, "Are same-sex marriages performed in other jurisdictions valid in New Mexico?"
The Attorney General stated his conclusion thus:
And in a press release issued the same day, King said: "A comprehensive legal analysis by my office concludes that valid same-sex marriages in other states would likely be valid in New Mexico."
However, it remains to be seen whether New Mexico courts or the state legislature will affirm the Attorney General's opinion, which does not have the force of law. A spokesman for Governor Susana Martinez
responded to the opinion by saying, "Gov. 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."
, Sandoval County
clerk Victoria Dunlap, a married Republican
with two children, began issuing marriage license
s to same-sex couples, claiming legal justification for her action because New Mexico marriage law does not mention gender. Dunlap called the county attorney for input after receiving an inquiry about same-sex ceremonies. "This has nothing to do with politics or morals. If there are no legal grounds that say this should be prohibited, I can't withhold it . . . This office won't say no until shown it's not permissible."
The Sandoval County courthouse was quickly thronged by same-sex couples applying for marriage licenses as the story was broadcast nationwide by the news media. The number of marriage licenses issued to same-sex couples was reported by various news sources as 64, 66, 67, or 68, but a suit filed against Dunlap in July by the attorney general states 66 licenses were issued, and further states that by March 23, 64 of the couples had married "as evidenced by the return and filing of licenses and Certificates of Marriage."
The same number of 66 licenses issued is stated in Dunlap's own motion filed with the Supreme Court of New Mexico. News reports stated that 26 couples had been married on the courthouse steps on February 20 by two local ministers who showed up to conduct the ceremonies.
By the end of the day, however, New Mexico state attorney general Patricia Madrid issued an opinion stating that the licenses were "invalid under state law", and the Sandoval County clerk's office stopped issuing them at 4:15 pm that same day.
A district court judge later issued a restraining order against Dunlap, prohibiting her from issuing any further licenses to same-sex couples. Dunlap then filed a motion with the state supreme court for permission to continue issuing the licenses, but on July 8, 2004, the supreme court rejected the motion. The restraining order was never lifted, and Dunlap, whose term ended on January 1, 2005, was heavily criticized for her actions by the local Republican party and by other county and state officials.
(the only state in the United States then performing same-sex marriages) allowed officials of that state to marry couples from states such as New Mexico which have no specific prohibition against same-sex marriage.
New Mexican same-sex couples were already able to marry in such countries as Canada
, where the laws of the state or country of origin of the couple are not an issue, and by mid-2008, same-sex couples were able to marry in both Massachusetts and California
without regard to the laws of their state of residence. (However, under the federal Defense of Marriage Act
, other states are not obliged to recognize any same-sex marriages, and same-sex couples who married were still not entitled to any federal benefits or recognition.)
According to civil-rights organization Freedom to Marry, "the New Mexico state government has not taken action to ensure [same-sex marriages] will be honored." In a press release on July 27, 2007, the ACLU of New Mexico cautioned that "while we have made tremendous progress in persuading the state that it's unfair to deny same-sex couples legal protections for their families, we still have a ways to go before we can expect the state to recognize the marriages of same-sex couples."
legislation that would grant both same-sex couples and opposite-sex couples many of the same rights found in a state marriage
was voted down in the State Senate by a 25-17 margin, with 10 Democrats and 15 Republicans opposing the legislation. Supported by Governor
Bill Richardson, supporters vowed to take up the issue again sometime later in 2009.
Whether this ruling will have any broader effect on same-sex unions in the state has yet to be determined.
concluded that allowing same-sex couples to marry would have a positive effect on New Mexico’s state budget. Allowing same-sex couples to marry would result in a net gain of approximately $1.5 million to $2 million each year for the State. This net impact will be the result of savings in expenditures on state means-tested public benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism.
, issued a "Census Snapshot" that concluded, "While in many respects New Mexico’s same-sex couples look like married couples, same-sex couples with children have fewer economic resources to provide for their families than married parents and lower rates of home ownership."
Analyzing census data on same-sex "unmarried-partner" households, the report determined, among other things, that:
survey found that 42% of New Mexico voters thought that same-sex marriage should be legal, while 48% thought it should be illegal and 10% were not sure. A separate question in the same survey found that 68% of New Mexico voters supported legal recognition of same-sex couples, with 37% supporting same-sex marriage, 31% supporting civil unions, 30% opposing all legal recognition, and 2% not sure.
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s are not performed in the state of New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, which also does not provide civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s or domestic partnership
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
s. Although New Mexican law does not explicitly permit or prohibit same-sex marriage, the state does not recognize such marriages established in other jurisdictions.
A June 2011 Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
survey found that 68% of New Mexico voters supported legal recognition of same-sex couples.
Law
The definition of marriage and the validity of out-of-state marriages are given as follows in New Mexico Statutes §40-1 and §40-4.- Marriage is contemplated by the law as a civil contract, for which the consent of the contracting parties, capable in law of contracting, is essential.
- All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein they were celebrated or contracted, shall be likewise valid in this state, and shall have the same force as if they had been celebrated in accordance with the laws in force in this state.
Advocacy group Freedom to Marry summarizes the legal situation as of early 2011 this way:
Because New Mexico’s laws do not prohibit marriage between same-sex couples, there is no impediment to New Mexico same-sex couples marrying in MassachusettsSame-sex marriage in MassachusettsSame-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry...
(or other jurisdictions that provide equality) and having their marriage honored in New Mexico. While Massachusetts' government directed that licenses could be given to New Mexico couples, the New Mexico state government has not taken action to ensure they will be honored.
Recognition of out-of-state marriages
On January 4, 2011, New Mexico Attorney General Gary K. KingGary King (politician)
Gary King is the Attorney General of New Mexico, first elected in 2006. His current term will end January 2011. His father, Bruce King, was a three-time Governor of New Mexico. His mother, Alice King, was a three-time First Lady of New Mexico.King attended New Mexico State University and obtained...
issued an opinion in response to a formal inquiry by State Representative Al Park, who asked, "Are same-sex marriages performed in other jurisdictions valid in New Mexico?"
The Attorney General stated his conclusion thus:
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.
And in a press release issued the same day, King said: "A comprehensive legal analysis by my office concludes that valid same-sex marriages in other states would likely be valid in New Mexico."
However, it remains to be seen whether New Mexico courts or the state legislature will affirm the Attorney General's opinion, which does not have the force of law. A spokesman for Governor Susana Martinez
Susana Martinez
Susana Martinez is the 31st and current governor of New Mexico.A Republican, Martinez is the first female governor of New Mexico, as well as the first female Hispanic governor in the United States. She was formerly the district attorney for the 3rd Judicial District of the U.S. state of New Mexico...
responded to the opinion by saying, "Gov. 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."
2004
On February 20, 2004, at the time of the widely publicized same-sex weddings in San FranciscoSan Francisco 2004 same-sex weddings
The San Francisco 2004 same-sex weddings took place between February 12 and March 11, 2004. Newly-elected San Francisco Mayor Gavin Newsom gained international attention and attracted controversy when he issued a directive to the city-county clerk to issue marriage licenses to same-sex couples...
, Sandoval County
Sandoval County, New Mexico
-Indian reservations:Sandoval County has 12 Indian reservations and two joint-use areas lying within its borders, the second most of any county in the United States -Indian reservations:Sandoval County has 12 Indian reservations and two joint-use areas lying within its borders, the second most of...
clerk Victoria Dunlap, a married Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
with two children, began issuing marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
s to same-sex couples, claiming legal justification for her action because New Mexico marriage law does not mention gender. Dunlap called the county attorney for input after receiving an inquiry about same-sex ceremonies. "This has nothing to do with politics or morals. If there are no legal grounds that say this should be prohibited, I can't withhold it . . . This office won't say no until shown it's not permissible."
The Sandoval County courthouse was quickly thronged by same-sex couples applying for marriage licenses as the story was broadcast nationwide by the news media. The number of marriage licenses issued to same-sex couples was reported by various news sources as 64, 66, 67, or 68, but a suit filed against Dunlap in July by the attorney general states 66 licenses were issued, and further states that by March 23, 64 of the couples had married "as evidenced by the return and filing of licenses and Certificates of Marriage."
The same number of 66 licenses issued is stated in Dunlap's own motion filed with the Supreme Court of New Mexico. News reports stated that 26 couples had been married on the courthouse steps on February 20 by two local ministers who showed up to conduct the ceremonies.
By the end of the day, however, New Mexico state attorney general Patricia Madrid issued an opinion stating that the licenses were "invalid under state law", and the Sandoval County clerk's office stopped issuing them at 4:15 pm that same day.
A district court judge later issued a restraining order against Dunlap, prohibiting her from issuing any further licenses to same-sex couples. Dunlap then filed a motion with the state supreme court for permission to continue issuing the licenses, but on July 8, 2004, the supreme court rejected the motion. The restraining order was never lifted, and Dunlap, whose term ended on January 1, 2005, was heavily criticized for her actions by the local Republican party and by other county and state officials.
2007
On July 13, 2007, a change in state policy in MassachusettsSame-sex marriage in Massachusetts
Same-sex marriage in the U.S. state of Massachusetts began on May 17, 2004, as a result of the Supreme Judicial Court of Massachusetts ruling in Goodridge v. Department of Public Health that it was unconstitutional under the Massachusetts constitution to allow only heterosexual couples to marry...
(the only state in the United States then performing same-sex marriages) allowed officials of that state to marry couples from states such as New Mexico which have no specific prohibition against same-sex marriage.
New Mexican same-sex couples were already able to marry in such countries as Canada
Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
, where the laws of the state or country of origin of the couple are not an issue, and by mid-2008, same-sex couples were able to marry in both Massachusetts and California
Same-sex marriage in California
The status of same-sex marriage in California is unique among the 50 U.S. states, in that the state formerly granted marriage licenses to same-sex couples, but has discontinued doing so...
without regard to the laws of their state of residence. (However, under the federal Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
, other states are not obliged to recognize any same-sex marriages, and same-sex couples who married were still not entitled to any federal benefits or recognition.)
According to civil-rights organization Freedom to Marry, "the New Mexico state government has not taken action to ensure [same-sex marriages] will be honored." In a press release on July 27, 2007, the ACLU of New Mexico cautioned that "while we have made tremendous progress in persuading the state that it's unfair to deny same-sex couples legal protections for their families, we still have a ways to go before we can expect the state to recognize the marriages of same-sex couples."
2008
- In January, domestic partnership bill HB 9, advocated by governor Bill Richardson as part of his legislative agenda, passed the state's House by a 33 to 31 vote and was sent to the state Senate, which took no action on it. A similar bill had been defeated in the 2007 legislature.
- House Bill 47, providing that marriage may only be between a man and a woman, and House Joint Resolution 3, proposing a constitutional amendment to define marriage as being between a man and a woman, both died when the legislature adjourned on February 14, 2008, without acting on them.
2009
On February 27, 2009, domestic partnershipDomestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
legislation that would grant both same-sex couples and opposite-sex couples many of the same rights found in a state marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
was voted down in the State Senate by a 25-17 margin, with 10 Democrats and 15 Republicans opposing the legislation. Supported by Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Bill Richardson, supporters vowed to take up the issue again sometime later in 2009.
2010
- On February 15, 2010, a domestic partnership bill sponsored by Senator Peter Wirth (D-Santa Fe) was defeated in a senate committee, "[striking] a blow to Gov. Bill Richardson who made extending many of the same rights enjoyed by married couples to gays and lesbians part of his legislative agenda."
- A proposed amendment to the state constitution sponsored by Senator William Sharer (R-Farmington) that would have limited marriage to opposite-sex couples was also defeated in this legislative session by another Senate committee.
- On August 9, 2010, after a same-sex couple who were married in Sandoval County (see above) filed for divorce in Santa Fe, State District Judge Sarah Singleton ruled that the marriage license issued to them in 2004 had indeed been valid, and thus the dissolution of their marriage was subject to divorce proceedings in court. According to the Santa Fe New Mexican:
Singleton avoided the broader issue of whether gay marriage is legal in New Mexico, but stuck to the issue of whether the gay marriage licenses were invalid from the beginning, or could be declared invalid later. Dunlap may have been negligent or mistaken, Singleton said, but the licenses she issued are "not voidVoid (law)In law, void means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity - the law treats it as if it had never existed or happened....
from the inception, but merely voidableVoidableIn law, a transaction or action which is voidable is valid, but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio and unenforceable....
." The judge said that under state statutes, the only type of marriage that might be void from the beginning would be an incestuous one. Dunlap's same-sex marriage licenses were never invalidated because the matter was never litigated to its conclusion after former Attorney General Patricia Madrid persuaded Dunlap to stop issuing them.
Whether this ruling will have any broader effect on same-sex unions in the state has yet to be determined.
Economic Effects
In 2006, a study by the Williams Institute at the UCLA School of LawUCLA School of Law
The UCLA School of Law is the law school of the University of California, Los Angeles. It has been approved by the American Bar Association since 1950. It joined the Association of American Law Schools in 1952.- History :...
concluded that allowing same-sex couples to marry would have a positive effect on New Mexico’s state budget. Allowing same-sex couples to marry would result in a net gain of approximately $1.5 million to $2 million each year for the State. This net impact will be the result of savings in expenditures on state means-tested public benefit programs and an increase in sales and lodging tax revenue from weddings and wedding-related tourism.
Demographics
In April, 2008, the Williams Institute of the UCLA School of Law, using data from the United States Census BureauUnited States Census Bureau
The United States Census Bureau is the government agency that is responsible for the United States Census. It also gathers other national demographic and economic data...
, issued a "Census Snapshot" that concluded, "While in many respects New Mexico’s same-sex couples look like married couples, same-sex couples with children have fewer economic resources to provide for their families than married parents and lower rates of home ownership."
Analyzing census data on same-sex "unmarried-partner" households, the report determined, among other things, that:
- In 2000, there were 4,496 same-sex couples living in New Mexico. By 2005, the number of same-sex couples disclosing their partnerships to the census bureau had increased to 6,063.
- In 2005, there were an estimated 68,411 gay, lesbian, and bisexual people (single and coupled) living in New Mexico.
- There are more female same-sex couples (58%) than male same-sex couples (42%) in New Mexico.
- Individuals in same-sex couples are, on average, 42 years old, and significantly younger than individuals in married couples (48 years old) in New Mexico.
- Same-sex couples live in every county in New Mexico and constitute 1.2% of coupled households and 0.7% of all households in the state.
- 71% of individuals in same-sex couples are employed, compared to 60% of married individuals.
- The average household income of same-sex couples is $53,720, compared to $59,692 for married couples. The median income of both same-sex and married coupled households in New Mexico is $47,000.
- 66% of same-sex couples in New Mexico own their home, compared to 83% of married couples.
- 27% of same-sex couples in New Mexico are raising children under the age of 18.
- As of 2005, an estimated 3,624 of New Mexico’s children were living in households headed by same-sex couples.
- 9% of New Mexico’s adopted children (or 1,056 children) live with a lesbian or gay parent.
Public opinion
A June 2011 Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
survey found that 42% of New Mexico voters thought that same-sex marriage should be legal, while 48% thought it should be illegal and 10% were not sure. A separate question in the same survey found that 68% of New Mexico voters supported legal recognition of same-sex couples, with 37% supporting same-sex marriage, 31% supporting civil unions, 30% opposing all legal recognition, and 2% not sure.