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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