ACLU ‘stunned’ as N.M. judge rules gay marriage legal, despite law

August 27, 2013

New Mexico doesn’t have a specific constitutional provision or law that allows same-sex marriages, but a judge said on Monday that prohibiting the unions is a form of sexual discrimination — and by proxy, ruled gay marriage legal.

The American Civil Liberties Union of New Mexico called the judge’s actions “monumental” and unexpected, The Associated Press reported.

ACLU attorney Laura Schauer Ives said she was shocked by the broad interpretation of law handed down by State District Judge Alan Malott, seen as a far-reaching thumbs-up to gay marriage in a state that doesn’t have a law allowing the unions, AP reported.

The case started with a dying woman’s request that the state recognize on her death certificate her long-time lesbian partnership with another woman. A short hearing ensued, and nobody objected to the request, AP reported.

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