New Mexico Clerk Issues Gay Marriage Licenses
by 365Gay.com Newscenter Staff



Posted: February 20, 2004 11:22 a.m. ET
Updated: February 20, 2004 2:44 p.m. ET

(Albuquerque, New Mexico) Sandoval County, a community of about 90,000 people just north of Albuquerque has became the second community in the country to begin issuing marriage licenses to same-sex couples.

A lesbian couple was issued the first license and exchanged vows outside the county courthouse Friday as other same-sex couples lined up for their chance to tie the knot.

County Clerk Victoria Dunlap said she feared a lawsuit if she does not grant the licenses to gay couples.

Sandoval County attorney David Mathews agrees there is potential same-sex couples could sue under New Mexico law if the licenses were refused.

State law defines marriage as a civil contract between contracting parties, but does not mention gender.

When Dunlop made her decision she said she had not been approached by any same-sex couple seeking a license but after reading about the recent court decision in Massachusetts which has similar laws she became concerned that a refusal could end up in a lengthy and expensive court battle which the county would not win.

"This office won't say no until shown it's not permissible,'' said Dunlap.

Shortly after the word was out, gay and lesbian couples began arriving at the cler's office.

A spokesperson for state Attorney General Patricia Madrid, Sam Thompson, said the attorney general’s office never has been asked for an opinion on the issue.