New Mexico gays
can marry in Massachusetts

Following up on a March 2006 court ruling, Massachusetts officials announced last week that New Mexico same-sex couples who want to marry in Massachusetts may legally do so.

New Mexico is one of very few states that do not explicitly limit marriage to opposite-sex. (The others are Rhode Island, New York before July 6, 2006, and of course, Massachusetts itself).

Massachusetts began marrying same-sex couples in 2004, triggering hope among couples elsewhere--and a nationwide tsunami of prohibitory legislation. Then-governor Mitt Romney forbade city and town clerks to let out-of-staters wed, a prohibition some clerks defied.

In March 2006 the state's highest court ruled that same-sex couples who live in any other state would not be allowed to marry in Massachusetts if their own state prohibited same-sex marriage, unless they indicated an intent to live in Massachusetts after marrying.

Subsequent rulings upheld marriage rights for gay Rhode Islanders and for gay New Yorkers who'd wed before a New York appeals court's July 6, 2006, crackdown.

On July 18, in a further clarification, the Massachusetts Registry of Vital Records and Statistics issued notice to the state's city and town clerks that same-sex couples from New Mexico may apply for marriage licenses.

Equality New Mexico applauded the move.

"We congratulate Massachusetts for again leading the way, and while we appreciate Massachusetts's inclusion of New Mexican families as couples to whom Massachusetts is extending full equality, the reality is that couples from New Mexico have already been traveling to Canada and other countries to marry for some time," Equality officials said in a written statement.

The group cautioned couples, however, that taking a wedding trip East would not be "just a political gesture" but an entree into responsibilities and, in many cases, discrimination.

"Some but not all [New Mexico] businesses, the state, and others may refuse to honor these lawful marriages, along with the federal government. Couples must be prepared to live with a level of uncertainty while we continue our work to end marriage discrimination," Equality officials said.

New Mexico confers some partner rights, but a bill that would create domestic-partner status, though backed by Gov. Bill Richardson, died this spring in a special session of the state legislature. (Barbara Wilcox, The Advocate)