Two groups on Tuesday asked the New
Mexico Supreme Court to legalize gay marriage in the state.
New Mexico is the only U.S. state that
neither recognizes nor prohibits the recognition of the unions of gay
and lesbian couples. The New Mexico Constitution's definition of
marriage is gender neutral.
However, opponents have cited the
state's application for a marriage license, which includes spaces to
list the bride and the groom, as reason to not allow gay couples to
marry. New Mexico Attorney General Gary King has described the terms
as “gender specific.”
In a writ of mandamus filed with the
New Mexico Supreme Court, the groups ask the court to clarify whether
gay couples can marry in New Mexico.
“The United States Supreme Court's
decision to overturn DOMA has increased our sense of urgency to
clarify the ability of same-sex couples to marry in New Mexico,”
said Peter Simonson, executive director of the New Mexico chapter of
the ACLU. “With all barriers to federal recognition removed, our
state cannot stand by as thousands of same-sex couples, many of whom
were married out of state, continue to be denied those protections.”
The National Center for Lesbian Rights
(NCLR) joined ACLU-NM in filing the motion. In March, the groups
filed a lawsuit on behalf of several gay couples who wish to marry in
New Mexico.
(Related: Gay
marriage legal in New Mexico, Santa Fe council says.)