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Bernalillo County gay marriage fight goes to NM high court

ALBUQUERQUE, N.M. — Same-sex couples who sued the Bernalillo County clerk for her refusal to issue a marriage license now hope the New Mexico Supreme Court will take up their case.

Attorneys for the group filed documents with the high court today seeking a ruling on the issue of whether same-sex couples can marry based on the U.S. Supreme Court’s ruling last week finding the Defense of Marriage Act unconstitutional.

The high court does not automatically accept writs. It must consent to hear the case if it is to go forward, and could decide that a trial court should create a record.

ACLU-New Mexico Executive Director Peter Simonson said last week’s decision on DOMA increased the sense of urgency to clarify laws in New Mexico.

Two Santa Fe men brought a case last week asking the Supreme Court to legalize gay marriage.

The court has asked the attorney general and Santa Fe County clerk to respond to last week’s lawsuit.


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