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2011 New Mexico Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagnm0054 and id is 1 raw text is: Attorney General of New Mexico

GARY K. KING
Attorney General

ALBERT J. LAMA
Chief Deputy Attorney General

January 4, 2011

OPINION
OF
GARY K. KING
Attorney General

Opinion No. 11-01

By:   Elaine P. Lujan
Assistant Attorney General
To:   The Honorable Al Park
New Mexico State Representative
7605 Mountain Road NE
Albuquerque, NM 87110
QUESTION:
Are same-sex marriages performed in other jurisdictions valid in New Mexico?
CONCLUSION:
While we cannot predict how a New Mexico court would rule on this issue, after review
of the law in this area, it is our opinion that a same-sex marriage that is valid under the
laws of the country or state where it was consummated would likewise be found valid in
New Mexico.
FACTS:
At least five states and Washington D.C. are currently issuing marriage licenses to same-
sex couples and many other states are actively considering doing the same. This
increases the likelihood that New Mexico residents of the same sex who married while
traveling or who move to New Mexico after marrying in a jurisdiction that allows same-
sex marriages will seek to have their marriages recognized in this state.

P.O. Drawer 1508  Santa Fe, New Mexico 87504-1508  (505) 827-6000  www.nmag.gov

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