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

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