AG gives two answers to same sex marriage in NM

New Mexico Attorney General Gary King says a state prohibition on same-sex marriage is unconstitutional. 

King told the state Supreme Court on Monday in written arguments that it should invalidate the gay marriage ban if the justices agree to consider a lawsuit filed by two Santa Fe men who were denied a marriage license. 

However, King also said the lawsuit isn't properly before the high court and the justices should deny the men's request to order the Santa Fe County clerk to issue them a marriage license. 

King said New Mexico law effectively doesn't allow gay marriages although there's no statutory provision that specifically prohibits or authorizes gay couples to be married. But he also said the prohibition on gay marriage violates the state constitutional guarantee of equal protection under the law.

AG gives two answers to same sex marriage in NM