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Santa Fe Same Sex Marriage Resolution

Santa Fe Same Sex Marriage Resolution

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Published by KOB4
Santa Fe Same Sex Marriage Resolution
Santa Fe Same Sex Marriage Resolution

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Published by: KOB4 on Mar 19, 2013
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03/19/2013

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 1
CITY OF SANTA FE, NEW MEXICO
1
RESOLUTION NO. 2013-___
2
INTRODUCED BY:
34
Mayor David Coss
5
Councilor Patti J. Bushee
678910
A RESOLUTION
11
RECOGNIZING THAT SAME-SEX MARRIAGE IS LEGAL IN NEW MEXICO AND
12
ENCOURAGING NEW MEXICO’S COUNTY CLERKS TO ISSUE MARRIAGE
13
LICENSES TO SAME-SEX COUPLES.
1415
WHEREAS
,
the Charter of the City of Santa Fe recognizes that Santa Fe has “a history
16
of 
tolerance towards all people, cultures, traditions, and lifestyles;”
17
WHEREAS
, the Charter also acknowledges that
the human and civil rights of the
18
residents of the City of Santa Fe are inviolate and shall not be diminished or otherwise infringed;
 
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and
20
WHEREAS
, the struggle for equality among lesbian, gay, bisexual, and transgender
21
people is the modern face of the Civil Rights Movement; and
22
WHEREAS
, nine states and the District of Columbia currently extend marriage licenses
23
to same-sex couples;
24
WHEREAS
, Santa Fe has always been a proud leader in recognizing basic human rights
25
 
 2
and in fighting against discrimination; and
1
WHEREAS
, New Mexico
’s statutory definition of marriage is gender 
-neutral and does
2
not define marriage as between a man and a woman, NMSA 1978, Section 40-1-1 (1862-63); and
3
WHEREAS
, the only marriages prohibited by statute in New Mexico include those
4
between relatives within a specified degree of relation and those with minors, Section 40-1-9, and
 
5
New Mexico County Clerks are required by statute to issue marriage licenses when they are
6
satisfied that the parties are not relatives and are at least eighteen years of age, Sections 40-1-10
7
to -13; and
8
WHEREAS
, New Mexico already recognizes same-sex marriages from other
9
 jurisdictions, Section 40-1-4; N.M. AG Op. No. 11-01 (2011); and
10
WHEREAS
, the Constitution of the State of New Mexico requires that equal rights shall
11
not be denied on account of the sex of any person, N.M. Const. art. II, Section 18; and
12
WHEREAS
, if a marriage license is denied solely because the applicants are of the same
13
gender, the judicial remedy is for a couple to file a writ of mandamus with the district court in
14
that judicial district to require the County Clerk to issue the license, pursuant to the New Mexico
15
Constitution art. VI, Section 3 and Section 44-2-4 (1884);
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NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
17
THE CITY OF SANTA FE
that we, the members of the Santa Fe governing body, do hereby
18
recognize that, under New Mexico law, same-sex marriage is legal in our State and that our
19
State’s citizens have the right to marry the partner of their choice
for the following reasons:
20
1.
 
New Mexico marriage laws do not define marriage as between a man and a
21
woman;
22
2.
 
Although our State statutes prohibit certain marriages, same-sex marriage is not
23
prohibited;
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3.
 
Pursuant to New Mexico marriage statutes, a valid same-sex marriage from
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