NM Supreme Court Hears Arguments On Same-Sex Marriage

By Carrie Jung, KUNM
October 23, 2013

ALBUQUERQUE, N.M. — The New Mexico Supreme Court heard arguments Wednesday morning to decide whether same-sex marriage is legal in the state. However, an immediate ruling is not expected.

The lawsuit, filed by the American Civil Liberties Union and the National Center for Lesbian Rights, argues that New Mexico should allow same-sex couples the freedom to marry because the state constitution's definition of marriage is gender neutral and does not explicitly prohibit same-sex marriage. It also requires equal treatment on the basis of sex.

However lawyers representing about a dozen state lawmakers insist that the issue should be decided by the legislature, not the courts.

Eight of New Mexico's 33 counties are actively issuing marriage licenses to same-sex couples.

County clerks across the state have asked the justices for clarity on the issue.