Same-Sex Legal Unions in New Mexico

In the United States, same-sex couples can enter into several legal unions. Some states allow same-sex marriage, while others allow alternative legal unions that grant some or all marriage rights but go by a different name. The majority, on the other hand, refuses to recognize any same-sex union.

In New Mexico, Same-Sex Marriage is Legal

In terms of same-sex unions, New Mexico was one of the few states that did not positively recognize same-sex marriage or any other union for same-sex couples. Unlike most other states, however, New Mexico had not enacted legislation that specifically defined marriage as a relationship between a man and a woman.

In 2004, a county official in New Mexico began granting marriage licenses to same-sex couples, possibly as a test case for legalizing same-sex marriage through the state’s courts.

The state attorney general, however, quickly released an opinion indicating that the weddings were not recognized under state law. The state legislature then attempted to adopt legislation defining marriage as a union between a man and a woman, but the legislation died in committee.

However, following a lengthy judicial battle along partisan lines, New Mexico became the 17th state to recognize same-sex marriages in 2013.

Statutes

Marriage is defined under New Mexico statutes, as is the legal status of marriages from other jurisdictions;

“Marriage is regarded by the law as a civil contract, for which the permission of the contracting parties, who are legally capable of contracting, is required. [New Mexico Statute 40-1-1].”

“All weddings celebrated outside the borders of this state that are valid under the laws of the country where they were celebrated or contracted shall be valid in this state and have the same force as if they had been performed under the laws of this state.” [New Mexico Statute 40-1-4].”

In July 2007, a Massachusetts court ruled that because New Mexico did not have a statute prohibiting same-sex marriage, same-sex couples who lived in New Mexico could marry in Massachusetts.

A few years later, State Representative Al Park raised the issue in a formal inquiry to New Mexico Attorney General Gary K. King, who stated on January 4, 2011, that “a same-sex marriage that is valid under the laws of the country or state where it was consummated would likely be valid in New Mexico.”

According to a spokesman for Governor Susana Martinez, “no New Mexico court has ruled on this matter.”

According to the advocacy group Freedom to Marry, New Mexico has yet to respond to the Massachusetts verdict, even though “New Mexico’s statutes do not prohibit marriage between same-sex couples.”

When they filed their lawsuit in March 2013, the plaintiffs in Griego v. Oliver argued that the failure of New Mexico’s statutes to specify the gender of the parties to a marriage contract, as well as their gender-neutral language, allowed state officials to interpret them to allow them to issue marriage licenses to same-sex couples.

On December 19, 2013, the New Mexico Supreme Court issued its judgment in that matter, and the court unanimously held that the Constitution compels the State of New Mexico to enable same-gender couples to marry and to offer to them the rights, protections and obligations that civil marriage entails under New Mexico law.

Legislative Initiatives

Legislation allowing or prohibiting same-sex marriage and legislation allowing for domestic partnerships was submitted multiple times in the late 2000s and early 2010s.

House Bill 9, a domestic partnership bill advocated by Governor Bill Richardson as part of his legislative agenda, passed the New Mexico House of Representatives by a vote of 33 to 31 and was sent to the Senate, which did not act on it.

In the 2007 legislative session, a similar bill failed. House Bill 47, which stated that marriage might only be between a man and a woman, and House Joint Resolution 3, which proposed a constitutional amendment to define marriage as being between a man and a woman, both died when the New Mexico Legislature adjourned sine die on February 14, 2008.

Domestic partnership legislation that would have provided same-sex and opposite-sex couples many of the same rights as marriage was defeated in the Senate on February 27, 2009, by a vote of 25-17, with 10 Democrats and 15 Republicans opposing the legislation. Supporters, led by Governor Bill Richardson, promised to revisit the subject later in 2009.

Senator Peter Wirth’s domestic partnership measure was defeated in a Senate committee on February 15, 2010, striking a blow to Richardson, who considered extending many of the same privileges enjoyed by married couples to homosexuals and lesbians part of his legislative agenda.

Another Senate committee rejected a proposed constitutional amendment offered by Senator William Sharer that would have limited marriage to opposite-sex couples.

Representative Brian Egolf sponsored a motion (House Joint Resolution 3) on January 22, 2013, that would have put a constitutional amendment enabling same-sex marriage to a popular vote in November 2014.

The legislation was adopted 3-2 by the House Consumer and Public Affairs Committee on January 31. The Voters and Elections Committee defeated it 7-4 on February 21.

On January 22, Republican Representative Nora Espinoza submitted House Joint Resolution 4, which would have put a constitutional amendment prohibiting same-sex marriage to a vote in November 2014. On February 5, a committee failed to approve it by a vote of 2-3. The Legislature adjourned its session on February 20, 2014, with no further action on the measure.

On March 1, 2019, the New Mexico Senate voted 39-0 to pass legislation replacing references to “husband and wife” in state statutes with the gender-neutral phrase “spouses.” On March 16, the proposal was adopted by the House 62-0. Governor Michelle Lujan Grisham signed the bill into law, which entered into effect on July 1, 2019.

Native American Tribes

Following the enactment of the Diné Marriage Act in 2005, same-sex marriage is not recognized in the Navajo Nation. Delegate Eugene Tso of Chinle proposed a bill to the Navajo Nation Council in July 2022 to allow same-sex marriage.

Navajo culture has always recognized two-spirit individuals who were born masculine but wore women’s dresses and conducted everyday home chores and artistic handiwork considered feminine. In the Navajo language, they are called nádleehi (pronounced [nátèh]).

While the nádleehi had access to both masculine and feminine domains of employment, they typically pursued feminine occupations such as pottery making, weaving, and hide tanning, as well as chanting, which was largely a men’s hobby.

The nádleehi, associated with prosperity and thought to have arisen in the Holy People’s third world, directed planting and fieldwork and generally served as the head of a household. They were known for their matching abilities and for mediating between the sexes in cases of dispute and love.

Traditionally, “genuine” nádleehi did not marry and had sexual relations with men only. However, “those who claim to be nádleehi” may marry either men or women, but if they married, they would normally dress and act like men. In Navajo society, the nádleehi status created the possibility of marriage between two biological males.

Do I Need a Lawyer?

If you are having problems with same-sex marriage in New Mexico, you should seek the advice of an expert New Mexico family lawyer. Your attorney can provide you with guidance for your particular needs.