Same-Sex Legal Unions in New Mexico

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

In the U.S., there are a wide variety of legal unions available for same-sex couples. Some states offer same-sex marriage. Others offer alternative legal unions providing some or all of the rights associated with marriage, while going by a different name. The majority, however, do not recognize any official union for same-sex couples.

New Mexico falls into a rare category of states with respect to same-sex unions: it does not affirmatively recognize same-sex marriage, or any other union for same-sex couples. In that respect, it is in the majority. However, unlike most other states, New Mexico has not passed a law that explicitly defines marriage as a union between a man and a woman. In fact, its current marriage statute is written in completely gender-neutral language.

 

In 2004, perhaps hoping to create a test case that would legalize same-sex marriage through New Mexico’s courts, a county official in that state began issuing marriage licenses to same-sex couples.

 

However, the state attorney general soon issued an opinion stating that the marriages were not valid under state law.

 

The state legislature has attempted to pass a law that would define marriage as a union between a man and a woman, but the bills have died in committee.

 

While no government official in New Mexico is likely to attempt to perform a same-sex marriage any time soon, there are still some uncertainties, given the gender-neutral language of that state’s marriage law. For example, it is not clear whether or not same-sex marriages performed in other states are valid in New Mexico (as is the situation in New York, which also does not perform same-sex marriages). Currently, no New Mexico court has spoken on the issue.

Because the situation regarding same-sex marriage in New Mexico, and elsewhere in the country, can be confusing, it may be helpful to contact a New Mexico family law attorney for help.

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