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"If marriage means everything, it means absolutely nothing." Dr. James C. Dobson, of Focus on the Family. |
| "A loving man and woman in a committed relationship can marry. Dogs, no matter what their relationship, are not allowed to marry. How should society treat gays and lesbians in committed relationships? As dogs or as humans?" A posting to an Internet mailing list; used by permission of the author. |
Overview:
New Mexico was the 47th state to join the United States. It was admitted to statehood on 1912-JAN-6.
Following the lead of city officials in San Francisco, CA, in Sandoval County clerk, Virginia Dunlap, began issuing licenses to same-sex couples. According to the Associated Press: "Dunlap said she made the decision after County Attorney David Mathews determined New Mexico law is unclear on the issue. He said state law defines marriage as a contract between parties but does not mention gender." She said: "It's going to be across the country and so we wanted to be ahead of the curve."
Over 60 couples signed up for applications. The "County Clerk's Office granted licenses to 26 same-sex couples Friday [2004-FEB-20] before state Attorney General Patricia Madrid issued an opinion in late afternoon saying the licenses were 'invalid under state law.' The clerk's office stopped issuing licenses and told couples their licenses were invalid." 1
State Sen. Steve Komadina criticized Dunlap's decision to issue licenses. He said: "I feel badly that action was taken before an answer was obtained. That was very irresponsible and will cause heartache to people on all sides of the question."
Tony Perkins of the Family Research Council described Dunlap's action as "defying state law," and as a "rogue action." 9
Legislation potentially impacting same-sex marriage:
State officials, courts, legislators, etc. are often torn between conflicting demands: some in support of same-sex marriage, and some in opposition:
| Bill of Rights: The New Mexico Bill of Rights, which forms
Article II of the state Constitution, appears to support of the right of gay
and lesbian couples to marry:
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| New Mexico Statutes: These seem to imply that only opposite-sex couples can
marry. Chapter 40 "Domestic Affairs" of the "Statutory Chapters in
New Mexico Statutes" includes:
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| American Legal Publishing Corporation, a company that makes New
Mexico statutes available on the Internet, includes 200 references to
marriage. There are laws prohibiting couples from marrying if:
Article 21 of the "Compact with the United States", which forms part of the State constitution, guarantees religious tolerance, but states that "Polygamous or plural marriages and polygamous cohabitation are forever prohibited." 3 We have been unable to find a specific prohibition against the marriage of two persons of the same gender. In view of the Attorney General's unambiguous statement, one probably does exist somewhere. We have asked the AG's office to cite such a law. |
Existing orders, bills & laws impacting gays, lesbians and same-sex couples:
| On 1985-APR-1, the governor issued an executive order protecting gay and lesbian employees of the government from discrimination. 4 |
| On 1998-FEB-19, Bill SJR-4, a bill to ban same-sex marriage in New Mexico, was defeated. At the time, it was the fourth such law in three years. A similar bill failed in 2000. 4 As of 2004-FEB, no such bill has been passed 5 |
| On 2003-MAR-21, the state legislature broadened the state's Human Rights Act by approving a bill to prohibit bias against people based on sexual orientation or gender identification. The scope of the act includes employment (in large companies only), housing, credit, public accommodations and union membership. The vote was essentially along party lines with Democrats in favor and Republicans opposed. The Senate approved the bill by a close vote of 22 to 20 later that day. Governor Richardson (D) agreed to sign the bill. 6 |
| As of 2004-JAN, New Mexico is expected to consider a constitutional amendment in the near future to restrict marriage to one man and one woman. 7 |
References:
- "Developments in same-sex marriage issue," Mercury News, 2004-FEB-20, at: http://www.mercurynews.com/
- "Constitution of the State of New Mexico, Adopted January 21, 1911," at: http://www.harbornet.com/
- New Mexico Statutes "40-1-18. Form of application, license and certificate (1961)," and others, at: http://www.amlegal.com/
- "New Mexico," Lambda Legal, at: http://www.lambdalegal.org/
- "New Mexico Gay Marriage Ban Dies," Data Lounge, 1998-FEB-24, at: http://www.datalounge.com/
- "New Mexico Marks Gay Rights Win," DataLounge, 2003-MAR-24, at: http://www.datalounge.com/
- Jeni Horn, "Marriage definition preserved in Ohio," Talon News, 2004-JAN-23, at: http://www.gopusa.com/
- "New Mexico clerk allows same-sex couples to marry before AG's ruling prompts her to stop," Associated Press, 2004-FEB-20, at: http://www.sfgate.com/
- Tony Perkins, "New Mexico Joins Anarchy, Issues Homosexual 'Marriage' Licenses," Washington Update, 2004-FEB-20.
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Home > Religious info. > Basic > Marriage > SSM > SSM sub menu > here |
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Home > "Hot" topics > Homosexuality > SSM > SSM sub menu > here |
Copyright © 2004 by Ontario Consultants on Religious
Tolerance
Originally written: 2004-FEB-21
Latest update: 2004-FEB-28
Author: B.A. Robinson
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