New Mexico became the 17th US state to allow gay marriage after a unanimous decision by the New Mexico Supreme Court affirming the rights of same-sex partners to marry within the state. In its ruling, the court reasoned that "protections and responsibilities that result from the marital relationship" applies equally to same-sex and opposite-sex couples. With the ruling given, right now, 17 US states and the District of Columbia comes to recognize same-sex marriages as legal.
The panel of five justices of the New Mexico Supreme Court held that the New Mexico Constitution granted and guaranteed the marriage rights for same-sex couples under its equal-protection clause amended in 1972. The pertinent clause reads that "equality of rights under law shall not be denied on account of the sex of any person."
The opposition argued that the prohibition of same-sex marriage was necessary because of the government's "overriding interest of responsible procreation and childbearing." However, the justices held that such an interest can well be served through other means and does not extend to exercising the interest by controlling marriage regulations.
While the New Mexico Supreme Court made the decision public on Thursday, December 19, the arguments had been heard in October and the eight county clerks had already begun providing marriage licenses to same-sex couples. By the time the decision was officially published, according to the New Mexico chapter of the American Civil Liberties Union of New Mexico, more than 1,000 same-sex couples have already been married.
Justice Edward L. Chavez wrote, "Procreation has never been a condition of marriage under New Mexico law, as evidenced by the fact that the aged, the infertile and those who choose not to have children are not precluded from marrying." The court confirmed that procreation was not the objective of the marriage regulations of the state, but their true purpose was to "bring stability and order to the legal relationship of committed couples."
