New Mexico county begins issuing marriage licenses to gay couples
Associated Press Writer (02.20.04) 12:53 PST BERNALILLO, N.M. (AP)

A county clerk issued marriage licenses Friday to at least 15 gay couples, some of whom then exchanged vows outside the courthouse, as more same-sex couples lined up for a chance to tie the knot.

A sign-up list at Sandoval County courthouse grew to 38 couples after county clerk Victoria Dunlap announced she would issue marriage licenses to same-sex couples.

Dunlap said she made the decision after county attorney David Mathews said New Mexico law is unclear: New Mexico law defines marriage as a contract between contracting parties but does not mention gender.

"This has nothing to do with politics or morals," she said. "If there are no legal grounds that say this should be prohibited, I can't withhold it. This office won't say no until shown it's not permissible."

Outside the courthouse, two preachers conducted marriage ceremonies.

"When we heard the news this morning, we knew we couldn't wait. We had to come down here," said Jenifer Albright of Albuquerque, who exchanged vows with partner Anne Shultz.

The move came just over a week after San Francisco began issuing marriage licenses to thousands of gay couples in a direct challenge to California law.

Two New Mexico state senators -- one Democrat and one Republican -- asked Friday for an opinion from New Mexico Attorney General Patricia Madrid. A spokeswoman for Madrid said an opinion could be issued next week.

Republican state Sen. Steve Komadina criticized the county clerk and called for a prompt opinion from the attorney general.

"I feel badly that action was taken before an answer was obtained," Komadina said. "That was very irresponsible and will cause heartache to people on all sides of the question." Bernalillo is a few miles north of Albuquerque, New Mexico's largest city.