Same-Sex Marriage Is “Already Legal” In New Mexico, But You Still Can’t Get Married There

no-gay-marriageDon’t plan on getting gay married in New Mexico just yet! Though a resolution sponsored by Santa Fe Mayor David Cross claims same-sex marriage is “already legal” in the state of New Mexico, several same-sex couples have already been denied marriage certificates.

The resolution was adopted by a 5-1 vote last night. It’s not legally binding, but it does recognize the gender-neutrality of New Mexico’s marriage laws in an effort to bypass legislation for marriage equality.

“It’s time to push this issue,” Mayor Cross said at an event last month. “Since New Mexico does not define marriage as between a man and a woman, and since New Mexico does not prohibit same-sex marriage, same-sex marriage is permitted in New Mexico.”

But not so fast! Since the Mayor’s statement last month, clerks issuing marriage licenses have fallen back on an ancient advisory opinion claiming the laws referenced by Mayor Cross are “unclear.” Oy vey.

Some couples have already filed suits seeking marriage equality, and ProgressNow New Mexico is seeking more signatures for a petition to support the new resolution.