ALBUQUERQUE, N.M. — Gay couples rushed to a courthouse in Las Cruces on Wednesday after the county clerk decided to issue same-sex marriage licenses in a surprise move that came as several legal challenges on the practice make their way through the courts.
"I was in a coffee shop grading dissertations when my partner sent me an email saying, 'you want to get married?'" said Char Ullman, 51. "I went home to brush my teeth and headed to the courthouse."
Dona Ana County Clerk Lynn Ellins said his office had provided 33 licenses to same-sex couples.
"It's a happy office today. Lots of happy people," he said.
Ellins said he had carefully read state laws and concluded the "state's marriage statutes are gender neutral and do not expressly prohibit Dona Ana County from issuing marriage licenses to same-gender couples."
Later in the day, New Mexico Attorney General Gary King said he had no plans to challenge the move by Ellins or another other county clerks who might allow the practice.
Ellins said he had been considering issuing the licenses since June, when King released a position paper saying state laws don't allow same-sex marriage. King had asked county clerks to hold off on issuing licenses, even though he believes the laws are unconstitutional.
Ellins, however, said "any further denial of marriage licenses to these couples violates the United States and New Mexico Constitution and the New Mexico Human Rights Act."