In light of the decisions, following legal review and judges orders, of the county clerks of Doña Ana, Santa Fe, Bernalillo, San Miguel, Valencia and Taos counties to issue marriage licenses to same sex couples, will you, as Los Alamos County Clerk, commit to do the same?
State District Judge Alan Malott has ruled that New Mexico’s constitution prohibits discrimination on the basis of sexual orientation, going on to say that same sex marriage is legal.
While the argument that it is up to the legislature, with the governor’s consent, to make laws, it is up the judiciary to interpret current law, including the Constitution of New Mexico. Current law neither specifically allows nor prohibits same sex marriage, and Judge Malott (among others) has interpreted this to mean that to deny the issuance of same sex marriage licenses violates state law against sexual discrimination.
The legislature may, or may not, in the future change New Mexico’s laws to provide for cases of same sex marriage but, at present, the judiciary has determined that, at this time, same sex marriage is legal.
It is my hope that you will, at once, publicly inform the citizens of Los Alamos that you will uphold state law and begin issuing marriage licenses to same sex couples immediately.