State District Court Judge Alan Malott ruled Monday afternoon that New Mexico’s Constitution prohibits discrimination on the basis of sexual orientation. Judge Malott has ordered that the Bernalillo County Clerk “shall comply with and perform” her duty to issue same-gender licences.”
New Mexico law, Malott found, “does not preclude nor prohibit issuance of a marriage license to otherwise qualified couples on the basis of sexual orientation or the gender of its members.” To the extent it is found to do so, “those prohibitions are unconstitutional and unenforceable under” New Mexico’s constitution, he ruled.
Bernalillo County Clerk Maggie Toulouse Oliver’s office in Albuquerque has announced that it will start issuing marriage licenses to same-gender couples at 8:00 am Tuesday.
Bernalillo County, the largest in New Mexico, is the third New Mexico county since last week to issue same-gender licenses since Doña Ana County Clerk Lynn Ellins’ decision to issue licenses Wednesday. Santa Fe County began issuing same-gender marriage licenses on Friday.
ProgressNow NM has announced mass wedding and celebration on the Albuquerque Civic Plaza at noon.