Voided marriage licenses for some New Mexico same-sex couples now valid
POSTED: Wednesday, August 28, 2013 - 2:36pm
UPDATED: Wednesday, August 28, 2013 - 2:37pm
Albuquerque (KTSM) — The New Mexico Attorney General is overturning the Sandoval County clerk's decision to void marriage licenses issued for same-sex couples in 2004, citing that only the courts have the authority to do so.
Attorney General Gary King wrote a letter to the Sandoval County Clerk, Eileen Gargani, in response to "citizen complaints," according to an office news release shared with the media Wednesday.
In the letter, he states, "It has come to the attention of this Office that you have discovered the word 'void' or 'illegal' affixed to marriage licenses issued to same-sex couples by the former Sandoval County Clerk in 2004. Under New Mexico law, as set forth at NMSA 1978, Section 40-1-9, it is clear that only the courts of New Mexico are invested with the authority to void marriage licenses."
County clerks in New Mexico can only issue marriage licenses, not invalidate them, according to King.