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New Mexico Telegram » Featured, LGBT » Santa Fe couple sues to institute same-sex marriage

Santa Fe couple sues to institute same-sex marriage

500px-LGBT_flag_map_of_New_Mexico.svgA Santa Fe couple is asking the First Judicial District Court in New Mexico to compel the Santa Fe County Clerk to issue marriage certificates to same-sex couples.

“New Mexico’s definition of marriage does not contain any limitation or requirement as to the gender of the parties,” the petition states. The petition also notes that the statutes bar minors and close relatives from getting married.

The petition is on behalf of Yon Hudson and Alexander Hanna, and the law firm representing the couple is that of State Rep. Brian Egolf, D-Santa Fe.

According to the petition, the two sought a marriage certificate but were denied by the Santa Fe County Clerk.

The petition goes on:

In addition to violating state law, the decision to deny the petitioners a marriage license violates the Constitution of the State of New Mexico, which states that “no person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person.” N.M. Const. Art. 11, 18. In denying a marriage license to the Petitioners, the Respondent has denied them equal protection under the New Mexico Constitution as well as due process.

In March, two couples of women filed lawsuits seeking legalization of same-sex marriage.

Earlier Thursday, Attorney General Gary King held a press conference to say he would not issue an opinion on the legality of same-sex marriage because of the pending litigation from Bernalillo County.

Written by

Matthew Reichbach has blogged about New Mexico politics since 2006. Matthew was a co-founder of New Mexico FBIHOP with his brother and part of the original hirings at the groundbreaking website the New Mexico Independent. Matthew has covered events such as the Democratic National Convention and Netroots Nation. In addition to politics, Matthew is an avid sports fan, especially of the Los Angeles Dodgers, and TV fan.

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