NM court asks for response to gay marriage lawsuit

July 3, 2013 • State News

SANTA FE, N.M. (AP) — New Mexico’s highest court has asked the attorney general and the Santa Fe County clerk to respond to a lawsuit seeking to legalize same-sex marriage.

The state Supreme Court on Tuesday [auth] said their legal arguments in the case should be submitted by July 22. No hearing has been scheduled.

Two Santa Fe men filed a lawsuit last week asking the court to order Santa Fe County Clerk Geraldine Salazar to issue them a marriage license.

The lawsuit contends that denying marriage licenses to same-sex couples violates the New Mexico Constitution, including its Equal Rights Amendment prohibiting gender-based discrimination.

Attorney General Gary King’s office said in a non-binding legal analysis last month that gay marriage isn’t allowed in New Mexico but the statutory prohibition may violate the constitution’s equal protection clause.

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