“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.