New Mexico Clerk To Begin Issuing New Gay Marriage Licenses

(Albuquerque, New Mexico) Sandoval County Clerk Victoria Dunlap is expected to resume issuing marriage licenses to same-sex couples this week despite a court order.

Dunlap's attorney, Paul Livingston, Sunday told Albuquerque television station KOB that he has advised her that the court order was "illegally gotten, improper and inappropriate."

Dunlap issued 66 same-sex marriage licenses on February 20th (story) before the sheriff, acting on instructions from the state attorney general stepped in and shut down her office.

At the time, Dunlap said she feared a lawsuit if she did not grant the licenses to gay couples. The county attorney in a legal opinion to Dunlap after San Francisco began allowing gays to marry said that denying marriage licenses to same-sex couples in New Mexico was against the state constitution.

New Mexico Attorney General Patricia Madrid then got a court order preventing her from issuing further licenses.

Deputy Attorney General Chris Coppin insists the order remains in effect until the state's claims are addressed, but Livingston insists that Madrid is stonewalling.

Livingston said temporary restraining orders cannot be extended indefinitely; there is a process by which they must expire or be converted into preliminary injunctions, which was not done in this case.
Earlier this month Dunlap, who is retiring as clerk this year lost a bid for a seat on the county commission. (story)

http://www.365gay.com/newscon04/06/060704nmLicense.htm

Regards,

Lee