Recognition of Same-sex Unions in New Mexico - Law

Law

New Mexico Statutes §40-1 and §40-4 define marriage and the validity of out-of-state marriages:

  • "Marriage is contemplated by the law as a civil contract, for which the consent of the contracting parties, capable in law of contracting, is essential."
  • "All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein they were celebrated or contracted, shall be likewise valid in this state, and shall have the same force as if they had been celebrated in accordance with the laws in force in this state."

The advocacy group Freedom to Marry summarized the legal situation as of early 2011 this way:

Because New Mexico’s laws do not prohibit marriage between same-sex couples, there is no impediment to New Mexico same-sex couples marrying in Massachusetts (or other jurisdictions that allow same-sex marriages) and having their marriage honored in New Mexico. While Massachusetts' government directed that licenses could be given to New Mexico couples, the New Mexico state government has not taken action to ensure they will be honored.

Read more about this topic:  Recognition Of Same-sex Unions In New Mexico

Famous quotes containing the word law:

    The law is a sort of hocus-pocus science, that smiles in yer face while it picks yer pocket: and the glorious uncertainty of it is of more use to the professors than the justice of it.
    Charles Macklin (1690–1797)

    If one mistreats citizens of foreign countries, one infringes upon one’s duty toward one’s own subjects; for thus one exposes them to the law of retribution.
    Johann Wolfgang Von Goethe (1749–1832)

    There are no fixtures in nature. The universe is fluid and volatile. Permanence is but a word of degrees. Our globe seen by God is a transparent law, not a mass of facts. The law dissolves the fact and holds it fluid.
    Ralph Waldo Emerson (1803–1882)