Same-sex marriage in New Mexico

Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage became legally recognized statewide in New Mexico through a ruling of the New Mexico Supreme Court on December 19, 2013, requiring county clerks to issue marriage licenses to all qualified couples regardless of gender. Until then, same-sex couples could only obtain marriage licenses in certain counties of the state. Eight of the 33 counties, covering 58% of the state's population, had begun issuing marriage licenses to same-sex couples in August and September 2013. New Mexico's marriage statute was not specific as to gender, and it was the only state lacking a state statute or constitutional provision explicitly addressing same-sex marriage. Lacking a state law or judicial ruling concerning same-sex marriage prior to December 19, 2013, policy for the issuance of marriage licenses to same-sex couples was determined at the county level at the discretion of local issuing authorities i.e., some counties recognized same-sex marriage and issued marriage licenses to same-sex couples, while others did not.[1]

A small number of same-sex marriages were licensed in Sandoval County in 2004. The practice was halted later that same day, February 20, after New Mexico Attorney General Patricia A. Madrid issued a ruling that they were invalid. On August 21, 2013, the county clerk of Doña Ana County, on his own initiative, began issuing marriage licenses to same-sex couples. Later in the month, three district judges ruling on separate lawsuits ordered first Santa Fe County, then Bernalillo County, and then Taos County, to issue marriage licenses to same-sex couples,[2][3] with a fourth judge ordering the same in Grant County in September.[4] A similar ruling was made in Los Alamos County, where the county clerk said she would not comply with the order until it was upheld on September 4, the first time a New Mexican judge affirmed a ruling for same-sex marriage after it had been challenged.[5][6][7] Meanwhile, county clerks in San Miguel and Valencia counties altered marriage licenses for same-sex couples.[8]

On August 29, 2013, New Mexico's county clerks voted unanimously to ask the New Mexico Supreme Court to rule on the legality of same-sex marriage and the Supreme Court held a hearing on their petition on October 23. On December 19, 2013, that court issued a unanimous decision in Griego v. Oliver holding that marriage licenses must be issued to couples without respect to gender, making New Mexico the sixteenth U.S. state to legalize same-sex marriage.[9]

  1. ^ Grovum, Jake (February 12, 2013). "How New Mexico Legalized Gay Marriage – For 8 Hours". Stateline. Retrieved May 9, 2013.
  2. ^ Clausing, Jeri (August 26, 2013). "New Mexico Judge Declares Same-Sex Marriage Legal". Huffington Post. Retrieved August 29, 2013.
  3. ^ "Same-sex couples to wed in Taos County". The Taos News. August 27, 2013. Archived from the original on September 1, 2013. Retrieved August 27, 2013.
  4. ^ Cite error: The named reference grant was invoked but never defined (see the help page).
  5. ^ "Los Alamos County on verge of becoming seventh NM county to issue same-sex marriage licenses". Albuquerque Journal. August 29, 2013. Retrieved August 29, 2013.
  6. ^ "Clerk say she won't issue licenses yet". KRQE. September 3, 2013. Archived from the original on September 5, 2013. Retrieved September 3, 2013.
  7. ^ "Judge upholds ruling for Los Alamos County clerk to issue same-sex marriage licenses". KOB. September 4, 2013. Retrieved September 4, 2013.
  8. ^ Cite error: The named reference koat was invoked but never defined (see the help page).
  9. ^ Blake, Aaron (December 19, 2013). "New Mexico Supreme Court legalizes gay marriage". Washington Post. Retrieved December 19, 2013.