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 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.