NM Atty. Gen. Issues Legal Opinion on Marriage Recognition

Yesterday, New Mexico Attorney General Gary King issued a sound legal opinion [pdf] analyzing New Mexico’s marriage comity laws and concluding that the state can recognize marriages between two people of the same sex performed outside of the state.  The opinion was a response to an inquiry by New Mexico State Representative Al Park (D-Albuquerque) that asked whether same-sex marriages performed in other jurisdictions are valid in New Mexico.  A key portion of the opinion explains,  “While we cannot predict how a New Mexico court would rule on this issue, after review of the law in this area, it is our opinion that a same-sex marriage that is valid under the laws of the country or state where it was consummated would likewise be found valid in New Mexico.”

This opinion does not  address the ability of same-sex couples to marry in New Mexico, and at this point it is unclear the weight which the opinion will be given by the state government and courts.  New Mexico state law neither specifically prohibits nor permits same-sex couples to legally marry.

Both Maryland and New York  provide marriage rights to same-sex couples married out of jurisdiction while not issuing marriage licenses to same-sex couples within the state. In February 2007, the Rhode Island Attorney General issued an advisory opinion declaring that the state could recognize out of jurisdiction marriages. However, the following December, the  Rhode Island Supreme Court refused to grant a divorce to a same-sex couple legally married in Massachusetts.


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Gen. Wesley Clark On ‘This Week:’ DADT Puts Military In ‘Culture War Crosshairs’

Wesclark

Christiane Amanpour devoted most of ABC’s This Week today to the seemingly endless debate over Don’t Ask, Don’t Tell, and hosted pundits and professionals from both sides of the repeal dispute.

Among them was former NATO commander Gen. Wesley Clark, a supporter of repeal who contends DADT unfairly thrusts service men and women into the “culture war crosshairs.”

“What we need to do is take the military out of the crosshairs of the culture wars,” said Clark. “Let this policy be decided and give the men and women who are leading the armed forces the opportunity to do their job, get the policy implemented.” Indeed: there are bigger wars to fight than those surrounding people’s private love lives.

Clark also said he agrees with the Chairman of the Joint Chiefs of Staff, Adm. Mike Mullen, and the group’s Vice Chairman, Gen. James Cartwright: wartime is the right time for repeal. “I do agree with the point that the chairman and the vice chairman made,” explained Clark. “If the military’s focused on war, this is the ideal time to do it, because we’re talking about building teamwork around a common purpose.”

Meanwhile, on the opposing side of the divide, Elaine Donnelly from the conservative Center for Military Readiness, harped on statistics suggesting 67 percent of combat Marines  think a repeal would hurt their unit’s effectiveness.

“For anyone to say that it’s OK to make military life more difficult and more dangerous, I don’t think that’s really fair, because it’s like putting stones in someone’s rucksack,” she insisted.

Here are links part one and part two of the discussion, which also included Sergeant First Class Stacy Vasquez, who was discharged under DADT, the Log Cabin Republicans’ Clarke Cooper, Tammy Schultz from the Marine Corp War College, as well as Bob Maginnis, a retired Army Lt. Col. who now works for the Family Research Council.

Not surprisingly, Maginnis echoed Donnelly’s “burden” argument, while also trying to shift blame to Bill Clinton, DADT’s signatory president.

Of course a right winger on the wrong side of history would try to make “Slick Willy” the center of attention, rather than the cold, hard facts, as reported from our troops themselves: repeal would have little to no on unit cohesiveness.


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Marine Chief Gen. James Conway: Straight + Gay Soldiers Living Together Must Be ‘Voluntary’

Marine Corps Commandant Gen. James Conway has previously told reporters he would "not ask our Marines to live with someone who is homosexual, if we could possibly avoid it." Thankfully the general is on his way out, because he's still on a rampage about making sure straight soldiers would only live with gays on a "voluntary" basis just in case they have "moral concerns."

CONTINUED »


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