Brian Egolf to Court: Compel Clerk to Issue Same-Sex Marriage License

The Santa Fe lawmaker is representing a same-sex couple seeking a marriage license.

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.

Letters to the Editor

Mail letters to PO Box 4910 Santa Fe, NM 87502 or email them to editor[at] Letters (no more than 200 words) should refer to specific articles in the Reporter. Letters will be edited for space and clarity.

We also welcome you to follow SFR on social media (on Facebook, Instagram and Twitter) and comment there. You can also email specific staff members from our contact page.