Santa Fe Mayor David Coss and City Councilor Patti Bushee said Tuesday that they believe gay marriage is in fact legal in New Mexico and want to begin issuing marriage licenses to same-sex couples, the Santa Fe New Mexican reported.
Coss and Bushee asked the City Council to approve a resolution declaring same-sex marriage legal and encouraged county clerks across the state to begin issuing the licenses.
The resolution is based on a new opinion from the city attorney’s office, which argues that gay marriage is in fact already legal in the state: “New Mexico’s statutory definition of marriage is gender-neutral. Since New Mexico does not define marriage as between a man and a woman, and since New Mexico does not prohibit same-sex marriage, same-sex marriage is permitted in New Mexico.”
Still, getting same-sex marriages recognized by the state is an uphill battle. Bushee predicted it would end up before the state Supreme Court.
