King says New Mexico can recognize out-of-state same sex marriages
10 Jan 2011
Gay marriage advocates received some good news on Tuesday as New Mexico Attorney General Gary King issued an opinion stating that gay marriages from out of state would likely be legal here [in New Mexico]. King came to this conclusion after "a comprehensive legal analysis" by his office which said that New Mexico can recognize same-sex marriages from states where it's legal.
"While we cannot predict how a New Mexico court would rule on this issue, after review of the law in this area, it is our opinion that a same-sex marriage that is valid under the laws of the country or state where it was consummated would likewise be found valid in New Mexico," King said.
While 40 states explicitly bar gay marriage, King says that New Mexico's law does "not explicitly address the recognition of same-sex marriages from other jurisdictions," according to the release announcing the opinion.
The opinion notes that five states plus Washington, D.C., currently recognize same sex marriages as legal, which "increases the likelihood that New Mexico residents of the same sex who married while traveling or who move to New Mexico after marrying in a jurisdiction that allows same-sex marriages will seek to have their marriages recognized in this state."
Rep. Al Park, D-Albuquerque, requested the opinion from King.
Via the New Mexico Independent