Sandoval Marriages, 2004
On February 20, 2004, at the time of the widely publicized same-sex weddings in San Francisco, Sandoval County clerk Victoria Dunlap, a married Republican with two children, began issuing marriage licenses to same-sex couples, claiming legal justification for her action because New Mexico marriage law does not mention gender. Dunlap called the county attorney for input after receiving an inquiry about same-sex ceremonies: "This has nothing to do with politics or morals. If there are no legal grounds that say this should be prohibited, I can't withhold it . . . This office won't say no until shown it's not permissible."
The Sandoval County courthouse was quickly thronged by same-sex couples applying for marriage licenses as the story was broadcast nationwide by the news media. The number of marriage licenses issued to same-sex couples was reported by various news sources as 64, 66, 67, or 68, but a suit filed against Dunlap in July by the attorney general states 66 licenses were issued, and further states that by March 23, 64 of the couples had married "as evidenced by the return and filing of licenses and Certificates of Marriage." The same number of 66 licenses issued is stated in Dunlap's own motion filed with the Supreme Court of New Mexico. News reports stated that 26 couples had been married on the courthouse steps on February 20 by two local ministers who showed up to conduct the ceremonies.
By the end of the day, however, New Mexico Attorney General Patricia Madrid issued an opinion stating that the licenses were "invalid under state law", and the Sandoval County Clerk's office stopped issuing them the same day.
A district court judge later issued a restraining order against Dunlap, prohibiting her from issuing any further licenses to same-sex couples. Dunlap then filed a motion with the New Mexico Supreme Court for permission to continue issuing the licenses, but on July 8, 2004, the court rejected the motion. The restraining order was never lifted, and Dunlap, whose term ended on January 1, 2005, was heavily criticized for her actions by the local Republican Party and by county and state officials.
The validity of the same-sex marriages licensed in 2004 is uncertain. In 2010, a New Mexico court approved a divorce for one of the marriages. On August 9, 2010, State District Judge Sarah Singleton ruled that the marriage license issued to one same-sex couple in 2004 was valid and subject to divorce proceedings, but she not otherwise address the legal status of same-sex marriage in the state.
Read more about this topic: Recognition Of Same-sex Unions In New Mexico