Gay Marriage Laws in New Mexico
New Mexico gay marriage is not performed or accepted in the state. New Mexico marriages are only between a man and a woman and the do not recognize same-sex unions either. However, the state does give domestic partnership benefits to state employees.
That causes anger being that the state will only give you domestic partnership benefits is you are working for the state. People who argue for the same-sex marriage do not understand why some people have the right to have a domestic partnership and others can not.
They feel if some can do it then there must not be a serious backlash against it and all should be allowed to enjoy the benefits of a marriage. New Mexico marriages of course are recognized by the federal government but even if New Mexico gay marriage was accepted the federal government would still not grant any of the benefits that married couples get under federal law. Currently there is no legislation set to be passed that would allow for same-sex marriage in New Mexico.
In 2004 there were nearly 70 same-sex couples that were actually married. A republican senator named Victoria Dunlap claimed that there was no language that specifically banned New Mexico gay marriage. When news broke out of the senator allowing a couple to be married by ministers there was a flooding of couples who applied to be married. It was not even one day before the licenses were deemed invalid by the Supreme court of New Mexico. Senator Dunlap faced a lot of backlash from her party as well as other state officials.
The happy couples who thought they had been married, were quickly stripped of their happiness. It is interesting to note how quickly the New Mexico senate acted to terminate the New Mexico Marriages that took place due to what Senator Dunlap thought was perfectly legal. In fact it was legal because there was nothing stating that New Mexico gay marriage was illegal.
New Mexico gay couples that seek to be married by means of going to a state such as Massachusetts or leaving the country to Canada to get married may do so. However, New Mexico gay marriage was not required to be accepted by the state. New Mexico marriages are possible, as long it is not done in New Mexico and it will not be recognized as the strong union with benefits that same-sex marriages enjoy in the state.
As with any other state there is outrage among gay and straight people that gays can not marry. However, there is not as publicized a fight taking place as in other states. With no legislation currently fighting for or against the topic of New Mexico marriage regarding gays, the issue is at a stand still. If you need legal advice and assistance, contact New Mexico lawyers.