Same-sex marriage is legal in New Mexico. The state officially recognized marriage equality on December 19, 2013, following a unanimous ruling by the New Mexico Supreme Court. This landmark decision made New Mexico the 17th U.S. state to legalize same-sex marriage, affirming that denying marriage rights based on sexual orientation violates the state constitution’s Equal Protection Clause.
Early Legal Ambiguity
Before the 2013 ruling, New Mexico’s marriage laws were notably silent on the gender of spouses. Unlike many states, New Mexico neither explicitly banned nor permitted same-sex marriage. This legal ambiguity led to inconsistent practices across the state’s 33 counties. Some counties issued marriage licenses to same-sex couples, while others refused, resulting in a patchwork of recognition.
In 2004, Sandoval County briefly issued marriage licenses to same-sex couples, but the practice was halted the same day after the state attorney general declared them invalid. A significant shift occurred in August 2013 when the Doña Ana County Clerk began issuing licenses to same-sex couples. This action prompted other counties to follow suit, leading to a series of legal challenges and court orders that expanded marriage rights across the state.
The Griego v. Oliver Decision
The pivotal moment came with the case of Griego v. Oliver. On December 19, 2013, the New Mexico Supreme Court ruled unanimously that the state’s constitution requires the issuance of marriage licenses to same-sex couples. The court stated that denying these licenses violated the Equal Protection Clause under Article II, Section 18 of the New Mexico Constitution.
This decision mandated that all county clerks in New Mexico issue marriage licenses to same-sex couples, ensuring uniformity across the state. The ruling also recognized the validity of same-sex marriages performed in other jurisdictions, providing comprehensive legal recognition for these unions.
Legislative Developments
Following the court’s decision, the New Mexico Legislature took steps to solidify marriage equality. In March 2019, both chambers passed legislation to codify same-sex marriage into state statutes. The bill, which replaced gender-specific terms like “husband and wife” with gender-neutral language such as “spouses,” was signed into law by Governor Michelle Lujan Grisham and took effect on July 1, 2019.
Federal Context and Protections
New Mexico’s recognition of same-sex marriage preceded the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. In 2022, concerns about the potential reversal of Obergefell led to the passage of the Respect for Marriage Act. This federal law ensures that same-sex and interracial marriages are recognized across all states, even if the Supreme Court were to overturn previous rulings. The act also repealed the Defense of Marriage Act, further solidifying marriage equality at the federal level.
Conclusion
Same-sex marriage has been legally recognized in New Mexico since December 19, 2013, following a unanimous decision by the state’s Supreme Court. The ruling in Griego v. Oliver affirmed that denying marriage rights based on sexual orientation violates the state’s constitution. Subsequent legislative actions have reinforced this decision, ensuring that marriage equality is firmly established in New Mexico law. Together with federal protections like the Respect for Marriage Act, same-sex couples in New Mexico enjoy full legal recognition and rights.
