David Coss | Gay Marriage | New Mexico | News

Here's Santa Fe Mayor David Coss's Press Conference Announcing Gay Marriage is Legal in New Mexico: VIDEO


Yesterday I reported on an announcement by Santa Fe, New Mexico Mayor David Coss that same-sex marriage is legal in his state in advance of an opinion prepared for his City Council.

Here's video of Coss's press conference yesterday, along with Councilor Patti Bushee and City Attorney Geno Zamora.


Coss says he has a gay daughter and wants to see her walk down the aisle.

ZamoraSaid Zamora:

"Currently, today, under the existing laws on the books...same-sex marriage is legal. This argument consists of four points. First and most importantly, New Mexico does not define same-sex marriage  as a marriage between a man and a woman. These statutes define it as gender neutral between two parties. Secondly, New Mexico validly recognizes same-sex marriage from other states. Third, under New Mexico statue, a marriage license is not permitted to be denied based on the sex of the couple...Finally, we have a New Mexico constitution that guarantees equal rights on the basis of sex. To deny equal rights to same-sex partners is to violate the New Mexico constitution. Same-sex marriage is legal in New Mexico. It's legal for our brothers and sisters, for our parents, for our nephews and nieces, and for our friends."


The Washington Blade spoke with Coss yesterday:

This action from city officials comes more than two years after an opinion from state Attorney General Gary King stating same-sex marriage is legal in New Mexico. However, his opinion does not have the force of law.

Coss said he expects the resolution and opinion will mostly go before district court, then to the New Mexico Supreme Court for a final resolution.

“If the Supreme Court agrees with us, then that’ll take us to New Mexico being the 10th state to recognize same-sex marriage,” Coss said.

It wouldn’t be the first time county clerks in New Mexico began issuing marriage licenses to same-sex couples.

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  1. What's important here, I think, is that the New Mexico constitution, as many other state constitutions apparently, was written with high ideals of fairness and equality in mind -- ideals that implicitly support same-sex marriage and, possibly, other examples of equal protection/opportunity. This is a useful reminder for most of us that the struggle over marriage equality heated up when a frightened minority of religious conservatives insisted on writing bigotry into their state constitutions and, with DOMA, into federal legislation as well. Marriage equality has become just another maneuver in the divide-and-conquer strategy of the entrenched elite to protect their privileges at all costs.

    Posted by: Chuck Mielke | Mar 20, 2013 10:03:23 AM

  2. The most significant legal point in the Mayor's argument is this: if New Mexico recognizes that a same-sex New Mexico couple who married in Washington State or Washington DC has a legal marriage when they return to New Mexico, then it is illogical -- and more importantly, probably illegal under state law -- those same New Mexican to enter into marriage in New Mexico.

    This issue has actually come up before in places like New York and Maryland -but with the opposite result. Those states first recognized out-of-state same-sex marriages as legal, but the state courts in those states said it didn't mean that New Yorkers or Marylanders could get married in their home states. BUT that was because the New York and Maryland marriage laws were not gender-neutral, so the state legislatures had to change the marriage laws to allow their citizens to get married within the state. So IF the New Mexico marriage law is really gender-neutral, then it's an excellent argument that New Mexico has to allow in-state same-sex marriages if it is going to recognize the validity of out-of-state same-sex marriages.

    Of course, a New Mexico court will have to decide all of this.

    Posted by: MiddleoftheRoader | Mar 20, 2013 10:17:28 AM

  3. *sigh*

    Another old white guy telling us LGBT, women and people of color what we can and can not do? Just look at him. You can tell he's a racist, misogynist and closet case. All those old white guys are.

    What? He said what? Oh....never mind.

    *sarcasm off*

    Posted by: ratbastard | Mar 20, 2013 10:32:52 AM

  4. If it's not broken, don't try to fix it.

    Welcome home RatB.

    Posted by: UFFDA | Mar 20, 2013 10:45:07 AM

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