The law firm of state Rep. Brian Egolf, D-Santa Fe, is petitioning the First Judicial District Court to compel the Santa Fe County Clerk to "perform her non-discretionary duty" and issue a marriage license to a local same-sex couple.
The petition for a writ of mandamus names Santa Fe County Clerk Geraldine Salazar, asking her to issue a marriage license to Santa Fe County couple, Alexander Hanna and "his long-term partner," Yon Hudson.
"New Mexico's definition of marriage does not contain any limitation or requirement as to the gender of the parties," the petition states.
The petition says the couple applied for a marriage license on June 6. The County Clerk denied that application, according to the petition. In addition to asking the court to compel issuance of the marriage license, the petition asks the court to award the couple "damages, costs, reasonable attorney's fees and disbursements."
Meanwhile, New Mexico Attorney General Gary King—a Democrat running for governor—announced in a press conference today that his office believes state law doesn't allow same-sex marriage. King won't issue a legal opinion because litigation is unresolved on the matter. He advised county clerks to not issue same-sex marriage licenses. King, a supporter of same-sex marriage, however, "sounded generally positive about a legal challenge," reported the New Mexico Telegram.