POSTED: Wednesday, September 4, 2013 - 8:34pm
UPDATED: Wednesday, September 4, 2013 - 8:42pm
Las Cruces, NM (KDBC) — The clerk of Doña Ana County is being sued for his decision to issue marriage licenses to same sex couples. Albuquerque attorney Paul Becht officially filed the lawsuit late last week on behalf of seven Republican New Mexico lawmakers.
The suit contends clerk Lynn Ellins exceeded his powers in issuing marriage licenses, arguing it's up to the legislature to change state law. Meanwhile, a district court judge today upheld a ruling that the clerk of Los Alamos County must issue marriage licenses to same sex couples, saying the state statute on gay marriage isn't clear.