Navigation

This is a debugging block

Support Navigation

This is a debugging block

Sub-Navigation

This is a debugging block

GLAAD Social Media

This is a debugging block

connect with glaad

New Mexico attorney general not defending gay marriage ban

Content

This is a debugging block

Miami Herald
|
July 23, 2013

SANTA FE, N.M. -- New Mexico Attorney General Gary King told the state's highest court on Monday that a prohibition on same-sex marriage is unconstitutional.

In written arguments filed with the court, King said the justices should invalidate the state's ban on gay marriage if they agree to resolve the issue in a lawsuit filed by two Santa Fe men who were denied a marriage license.

King, a Democrat who plans to run for governor next year against Republican Gov. Susana Martinez, said New Mexico law effectively doesn't allow gay marriages although there's no statutory provision that specifically prohibits, or authorizes, gay couples to be married.

"New Mexico's guarantee of equal protection to its citizens demands that same-sex couples be permitted to enjoy the benefits of marriage in the same way and to the same extent as other New Mexico citizens," King said in the filing.

The five-member court had asked King's office to respond to the lawsuit. No hearing has been scheduled in the case so far, and it's uncertain whether the Supreme Court will issue a decision resolving the same-sex marriage dispute.