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New Mexico's Attorney General Says Out-of-State Gay Marriages Are Valid In State

By Howard M. Friedman

New Mexico's Attorney General, in Opinion No. 11-01 (Jan. 4, 2011), has ruled that same-sex marriages which are valid under the law of the state or country where the marriage was consummated are likewise valid in New Mexico. Attorney General Gary King reasoned that while the federal Defense of Marriage Act permits states to prohibit recognition of out-of-state same-sex marriages, New Mexico has not enacted a prohibition on their recognition. Therefore principles of comity codified in New Mexico law, that call for recognition of marriages validly performed elsewhere, control. Even though same-sex marriages cannot be performed in New Mexico, that is not enough to bring them within the exception to the comity principle that applies when a marriage is contrary to the state's public policy. Yesterday's Santa Fe New Mexican reports on the Opinion. [Thanks to Alliance Alert for the lead.]

Full post as published by Religion Clause on January 06, 2011 (boomark / email).