In Doña Ana County the County Clerk after careful review of the states constitution has determined that there is no legal reason Gay and Lesbian couples are forbidden to marry. So as of today all couples that fit the marriage requirements are free to do so without undue illegal religious interference.
There is a legal case that the State Supreme Court rejected to expedite in an attempt to get a courts ruling favoring same sex marriage. But the state constitution itself forbids gender discrimination so any law that includes such discrimination is invalid. Hence the County Clerk is free to marry eligible couples without legal shackles.
"That means it could be many months or years before the matter is resolved," Ellins said. "In the meantime, I am mindful that I took an oath of office to uphold the Constitution of the State of New Mexico as Doña Ana County Clerk. I am an attorney, and I have read the AG's opinion, and I find it to be sound. After careful review of New Mexico's laws it is clear that the state's marriage statutes are gender neutral and do not expressly prohibit Doña Ana County from issuing marriage licenses to same-gender couples. Any further denial of marriage licenses to these couples violates the United States and New Mexico Constitution and the New Mexico Human Rights Act. Doña Ana County is upholding New Mexico law by issuing these marriage licenses, and I see no reason to make committed couples in Doña Ana County wait another minute to marry."
Ellins said couples requesting marriage license will no longer be turned down, and starting today, licenses will be issued at the Doña Ana County Government Center...