Santa Fe officials on Tuesday urged county clerks to provide same-sex couples with marriage licenses, claiming that same-sex marriage was legal in New Mexico.
In a legal memo, City Attorney Geno Zamara explained that the state’s definite of marriage was gender-neutral and therefore did not prohibit same-sex marriage. He also noted that the constitution of New Mexico prohibits denying equality under the law on the basis of sex.
“New Mexico law does not define marriage as between a man and a woman. Nor does New Mexico law prohibit same-sex marriage. New Mexico already recognizes same-sex marriages performed in other states and our Constitution requires equal treatment on the basis of sex. Same-sex marriage is legal in New Mexico,” Zamara concluded.