New Mexico supreme court legalizes same-sex marriage
State’s supreme court legalizes gay marriage
New Mexico, the only state without a law allowing or banning gay marriage, was barred by its supreme court from denying same-sex couples the right to marry.
New Mexico’s high court issued its decision yesterday in response to a request by county clerks to clarify their obligations after a judge in August ordered the clerks of Bernalillo County and Santa Fe County to issue marriage licenses to couples without regard to their gender or sexual orientation.
Prohibiting same-gender marriages is “not substantially related to the governmental interests advanced by the parties opposing same-gender marriage,” according to yesterday’s ruling. The five justices said in their unanimous opinion that barring individuals from marrying violates the equal protection clause of the New Mexico Constitution.