New Mexico Attorney General Gary King has defended his decision to
not sue county clerks issuing marriage licenses to gay and lesbian
couples.
King, a Democrat who's running for governor against Governor
Susana Martinez, said that he believes the best way to resolve the
issue is to let the state Supreme Court decide whether New Mexico's
laws allow such unions. Martinez, an opponent of marriage equality,
has suggested that voters should decide the issue.
In a Facebook post titled Same
Sex Marriage is About Civil Rights, King likens gay nuptials
to civil rights battles of the past.
“[S]ome people, including the Governor, say that the issue of
whether same sex couples should be afforded the same rights as
everyone else in our state must be decided by the voters,” King
wrote. “I urge the reader to consider the following: The
Emancipation Proclamation of 1863; the 19th Amendment
(Women's Suffrage) in 1920; the Civil Rights act of 1964; – none of
which were voted upon by the general electorate.”
King added, “Here is where some critics have incorrectly
interpreted the legal process. Some have said that I am trying to
unilaterally disregard state law by not suing county clerks who have
elected to issue same sex marriage licenses. Several District Courts
have addressed the issue. Two separate judges essentially ordered two
different county clerks to begin issuing marriage licenses to same
sex couples. Another judge ruled that the state’s prohibitive
statutes are unconstitutional, paving the way for another clerk to
start issuing the licenses. I maintain that the best way to resolve
this issue is for the NM Supreme Court to decide whether our current
law is unconstitutional.”
(Related: New
Mexico could legalize gay marriage as early as next month.)