Friday, August 23, 2013

Santa Fe County, NM clerk ordered to issue gay marriage licenses

A New Mexico district judge is ordering the Santa Fe County clerk to start issuing marriage licenses to same-sex couples.

Rep. Brian Egolf, a lawyer handling a lawsuit by two Santa Fe men, said Friday that Judge Sarah Singleton's order represents the first time a New Mexico judge has ruled that gay and lesbian couples can be married.

The order issued late Thursday mandates that Santa Fe County Clerk Geraldine Salazar issue the marriage licenses or appear in court on Sept. 26 to tell the judge why that shouldn't happen.


In the writ, the judge writes "whereas there is no requirement as to sex or sexual orientation for obtaining a marriage license in New Mexico."

Singleton said the clerk acted outside her authority to deny marriage licenses to same-sex couples. She also ruled that said same-sex couples have a clear legal right to marriage licenses in Santa Fe County. 

Around 90 same-sex couples have received marriage licenses in southern New Mexico this week since the Dona Ana County clerk decided on his own to grant them. On Thursday, Action 7 News talked to Salazar about why she was not issuing marriage licenses to gay couples. 

“There are processes in our society, so we have to follow them,” said Salazar.

She said the only thing her office will follow is a clear, undisputed change in the law.

“When the law is changed, we will issue same-sex marriage licenses,” she said.

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