Thursday, August 29, 2013

New Mexico: 2004 same-sex marriage licenses declared valid by AG King

With all the same-sex marriage activity in New Mexico, the issue of marriage licenses that were briefly issued back in 2004 by the Sandoval County clerk have come back to the forefront, and there's good news:
Attorney General Gary King says marriage licenses issued to same-sex couples in 2004 in Sandoval County remain valid.

King said Wednesday that licenses issued by a county clerk are "presumptively valid" unless voided by a court.

King delivered the non-binding advice in a letter to the current Sandoval County clerk, who found that some of the 2004 licenses recorded in the clerk's office were labeled as void or invalid.

King said a county clerk is responsible for issuing marriage licenses but "New Mexico law plainly does not provide county clerks with the rights to invalidate marriages."

Former Sandoval County Victoria Dunlap issued more than 60 licenses on Feb. 20, 2004, but stopped later the same day after then Attorney General Patricia Madrid objected.

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