New Mexico Sex Laws
http://law.justia.com/codes/new-mexico/2013/
Last update: 9/7/2014
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From:
http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts
Griego v. Oliver
12/19/13 • State Court Ruling
New Mexico Supreme Court decision declaring that same-sex couples in NM have the freedom to marry and marriages performed in other states must be respected. No party appealed the ruling, and the freedom to marry took effect in New Mexico.
August/September 2013 • 5 State Court Rulings
Over the course of two weeks in August and September, five different state courts issued rulings finding that same-sex couples in New Mexico have the freedom to marry.
In Hanna v. Salazar (issued 8/22/13), a judge ruled that same-sex couples have the freedom to marry in NM, with the decision affecting Santa Fe County.
Subsequently, pro-marriage rulings in Griego v. Oliver (issued 8/26/13),
Stark v. Martinez (issued 8/27/13),
Newton v. Stover (issued 8/29/13), and
Katz v. Kamarripa (issued 9/5/13)
impacted same-sex couples in Barnalillo and Santa Fe County, Taos County, Los Alamitos County, and Grant County; respectively. Subsequently, county clerks joined together in a new suit seeking clarity on New Mexico's marriage laws.
2013 New Mexico Statutes
Chapter 40 – Domestic Affairs
Article 1
Marriage in General
40-1-1 Marriage is civil contract requiring consent of parties.
Marriage is contemplated by the law as a civil contract, for which the consent of the contracting parties, capable in law of contracting, is essential.
History: Laws 1862-1863, p. 64; C.L. 1865, ch. 75, § 2; C.L. 1884, § 978; C.L. 1897, § 1415; Code 1915, § 3425; C.S. 1929, § 87-101; 1941 Comp., § 65-101; 1953 Comp., § 57-1-1.
The only prohibited marriages noted involved minors or incestuous marriages.
On February 20, 2004, Victoria Dunlap, county clerk of Sandoval County, New Mexico, announced that she would begin issuing same-sex marriage licenses because New Mexico marriage law does not mention gender[67] and the first same-sex marriages there were performed later the same day. After issuing 66 such licenses, the clerk's office stopped issuing them the same day. New Mexico Attorney General Patricia Madrid said she thought the marriage licenses would be "invalid under state law". On August 9, 2010, a Santa Fe judge ruled that at least one of these marriage licenses was valid and subject to divorce action.[68]
On August 21, 2013, Doña Ana County Clerk Lynn Ellins begins issuing marriage licenses to same-sex couples. State Attorney General Gary King stated that he had no plans to challenge the marriage licenses.[69]
On August 26, 2013, State District Judge Alan Malott ordered Bernalillo County, New Mexico's largest and home to Albuquerque, to begin issuing same-sex marriage licenses, stating that New Mexico’s constitution prohibits discrimination on the basis of sexual orientation.[70]
December 19, 2013: New Mexico Supreme Court declares that the state's marriage laws shall apply equally to same-sex and opposite-sex couples, making it the 17th state with legal same-sex marriage.[71]
New Mexico Statutes §40-1-4..
All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein they were celebrated or contracted, shall be likewise valid in this state, and shall have the same force as if they had been celebrated in accordance with the laws in force in this state.
Issues Marriage Licenses
From the State Bar of New Mexico website as of 9/6/2014
https://www.nmbar.org/Public/publicpubs/samesexpartnersandthelaw.html
“Domestic partners do not automatically have: the right to hospital visitation; the right to sue for wrongful death or infliction of emotional distress when a partner is killed or injured; the right to use the stepparent adoption procedures; the right to take sick leave to care for a domestic partner or a domestic partner’s child; the right to make medical decisions for an incapacitated domestic partner; the right to inherit if a domestic partner dies without a will; and the right to make funeral arrangements for a partner. By drafting agreements, powers of attorney and other legal instruments, same-sex couples can protect themselves and their families regarding some, but not all, of these rights and benefits automatically afforded married couples.” (emphasis is ours).
2013 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 4 - Dissolution of Marriage
Section 40-4-1 - Dissolution of marriage. (1973)
Universal Citation: NM Stat § 40-4-1 (2013)
40-4-1. Dissolution of marriage. (1973)
On the petition of either party to a marriage, a district court may decree a dissolution of marriage on any of the following grounds:
A. incompatibility;
B. cruel and inhuman treatment;
C. adultery; or
D. abandonment.
History: 1953 Comp., § 22-7-1, enacted by Laws 1973, ch. 319, § 1.