# New Mexico rules on same sex marriage **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [December 19, 2013, 7:01pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749 "2013-12-19T19:01:12Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\ **Post date:** [December 19, 2013, 7:01pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/1 "2013-12-19T19:01:12Z")
Good job New Mexico! 17 down, 33 to go! > [@](#): > > By Associated Press, Updated: Thursday, December 19, 10:37 AM > SANTA FE, N.M. — The New Mexico Supreme Court legalized same-sex marriage in the state Thursday, declaring in a ruling that it is unconstitutional to deny a marriage license to gay and lesbian couples. > > New Mexico joins 16 states and the District of Columbia in allowing gay marriage. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [December 19, 2013, 7:02pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/2 "2013-12-19T19:02:38Z")
Huzzah! ---
**Author:** ![yellowjacketcoder](https://avatars.discourse-cdn.com/v4/letter/y/4bbf92/32.png) [@yellowjacketcoder](https://boards.straightdope.com/u/yellowjacketcoder)\ **Post date:** [December 19, 2013, 7:08pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/3 "2013-12-19T19:08:49Z")
Whoop Whoop! Good news! I guess the next question will be: who’s next? ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [December 19, 2013, 8:54pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/4 "2013-12-19T20:54:30Z")
Great news! ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 19, 2013, 9:26pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/5 "2013-12-19T21:26:23Z")
Well, OK. Much better, in my view, would be for a headline which said, “New Mexico State Legislature Passes Same-Sex Marriage Bill; Governor Signs Today.” But this is a good result. ---
**Author:** ![ctnguy](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@ctnguy](https://boards.straightdope.com/u/ctnguy)\ **Post date:** [December 19, 2013, 9:46pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/6 "2013-12-19T21:46:43Z")
> [@Bricker](#): > > Well, OK. Much better, in my view, would be for a headline which said, “New Mexico State Legislature Passes Same-Sex Marriage Bill; Governor Signs Today.” > > But this is a good result. The statutes of New Mexico have never actually defined marriage as a man and a woman; it is the only one of the 50 states that does not explicitly define marriage either to include or to exclude same-sex couples. So it seems to me that the court here is interpreting the existing law, not overturning it. ---
**Author:** ![Falchion](https://avatars.discourse-cdn.com/v4/letter/f/a88e57/32.png) [@Falchion](https://boards.straightdope.com/u/Falchion)\ **Post date:** [December 19, 2013, 9:57pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/7 "2013-12-19T21:57:24Z")
> [@ctnguy](#): > > The statutes of New Mexico have never actually defined marriage as a man and a woman; it is the only one of the 50 states that does not explicitly define marriage either to include or to exclude same-sex couples. So it seems to me that the court here is interpreting the existing law, not overturning it. I skimmed the opinion and it looks like they first conclude that, although there is no ban on same-sex marriages, the marriage laws ban same-marriage (because, for example, the uniform marriage license application has a spot for a “groom” and a “bride”). Then they conclude that this ban is unconstitutional. I suppose the point is to prevent the legislature from revising the statutes if they disagree. ---
**Author:** ![ctnguy](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@ctnguy](https://boards.straightdope.com/u/ctnguy)\ **Post date:** [December 19, 2013, 10:03pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/8 "2013-12-19T22:03:50Z")
> [@Falchion](#): > > I skimmed the opinion and it looks like they first conclude that, although there is no ban on same-sex marriages, the marriage laws ban same-marriage (because, for example, the uniform marriage license application has a spot for a “groom” and a “bride”). Then they conclude that this ban is unconstitutional. > > I suppose the point is to prevent the legislature from revising the statutes if they disagree. Hmm, ok, I didn’t read the actual ruling - that does seem to put it more into the realm of what Bricker might object to. ---
**Author:** ![Rodgers01](https://avatars.discourse-cdn.com/v4/letter/r/b19c9b/32.png) [@Rodgers01](https://boards.straightdope.com/u/Rodgers01)\ **Post date:** [December 19, 2013, 10:18pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/9 "2013-12-19T22:18:49Z")
It’s remarkable how commonplace these announcements are becoming. Wasn’t it just a few years ago that every state that was nearing legalization got a lot of press and controversy? And now this announcement is barely a sub-headline. Remarkable! ---
**Author:** ![ctnguy](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@ctnguy](https://boards.straightdope.com/u/ctnguy)\ **Post date:** [December 19, 2013, 10:26pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/10 "2013-12-19T22:26:15Z")
Yup! In the period from the November 2012 election to now, there have been eleven states to legalise SSM - that’s three by referendums, five by the legislatures, and three by the courts. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [December 19, 2013, 10:48pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/11 "2013-12-19T22:48:50Z")
Well, since Heisenberg went down and took the Nazi meth production shop with him, I guess the citizens of New Mexico have to do something for their fun. 😉 ---
**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\ **Post date:** [December 20, 2013, 9:31pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/12 "2013-12-20T21:31:10Z")
And now we add Utah to the list. > **[Gay couples wed in Utah after judge overturns ban](https://www.usatoday.com/story/news/nation/2013/12/20/utah-same-sex-marriage-ban/4146907/)** > > Clerk in the state's most populous county began issuing marriage licenses to gay couples. ---
**Author:** ![ctnguy](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@ctnguy](https://boards.straightdope.com/u/ctnguy)\ **Post date:** [December 20, 2013, 10:40pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/13 "2013-12-20T22:40:30Z")
As this was a district court ruling, I suppose it’s safe to assume that the State of Utah is going to appeal to the circuit court. ---
**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\ **Post date:** [December 20, 2013, 10:51pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/14 "2013-12-20T22:51:41Z")
> [@ctnguy](#): > > As this was a district court ruling, I suppose it’s safe to assume that the State of Utah is going to appeal to the circuit court. Probably, but it’s a good start. I’m not sure if the 10th circuit has any history on this sort of thing. ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [December 20, 2013, 11:02pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/15 "2013-12-20T23:02:52Z")
And in the meantime, marriage licenses are being issued in Utah. Here is a tweet from [one of the first gay marriages in Utah](https://twitter.com/jsethanderson/status/414156285559336960). Wow. This is something I never expected would happen in my home state. I hope my sister runs out and gets married ASAP. ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [December 20, 2013, 11:35pm UTC](https://boards.straightdope.com/t/new-mexico-rules-on-same-sex-marriage/676749/16 "2013-12-20T23:35:25Z")
Interesting. Apparently Utah does not have a waiting period for marriage, and the federal judge did not stay the ruling. So Utahns are getting married to same sex partners already. I love it.