The New Mexico Supreme Court declared same-sex marriage constitutional in a Thursday ruling.
From the ruling:
Prohibiting same-gender marriages is not substantially related to the governmental interests advanced by the parties opposing same-gender marriage or to the purposes we have identified. Therefore, barring individuals from marrying and depriving them of the rights, protections, and responsibilities of civil marriage solely because of their sexual orientation violates the Equal Protection Clause under Article II, Section 18 of the New Mexico Constitution. We hold that the State of New Mexico is constitutionally required to allow same-gender couples to marry and must extend to them the rights, protections, and responsibilities that derive from civil marriage under New Mexico law.
More from the Associated Press:
The New Mexico Supreme Court legalized same-sex marriage in the state Thursday, declaring in a ruling that it is unconstitutional to deny a marriage license to gay and lesbian couples.
New Mexico joins 16 states and the District of Columbia in allowing gay marriage.
Eight of the state's 33 counties started issuing marriage licenses to same-sex couples in August, when a county clerk in southern New Mexico independently decided to allow the unions. County officials asked the high court to clarify the law and establish a uniform state policy on gay marriage.
State statutes don't explicitly prohibit or authorize gay marriage. However, the marriage laws — unchanged since 1961 — contain a marriage license application with sections for male and female applications. There also are references to "husband" and "wife."
The current and previous state attorneys general have said the law effectively prohibits gay marriage, although current Attorney General Gary King also has said he believes such a prohibition is unconstitutional.
A state district court judge in Albuquerque ruled earlier this year that it is a violation of New Mexico's constitution to deny marriage licenses to same-sex couples. The judge based his decision on a 1972 constitutional amendment adopted by voters that prohibits discrimination "on account of the sex of any person."
Two county clerks that were defendants in that case decided not to directly appeal the judge's ruling. However, the county association and the state's 31 other county clerks — including several already issuing marriage licenses to same-sex couples — joined the lawsuit to provide a way to quickly move the gay marriage question to the Supreme Court.
The five justices previously turned down efforts by gay rights advocates to get a ruling on the marriage issue. The advocates had attempted to get a decision by filing lawsuits directly with the Supreme Court rather than through an appeal of a lower court decision.
Read the full decision below:
Also on HuffPost:
New York lawmakers <a href="http://www.huffingtonpost.com/2011/07/24/new-york-gay-marriage_n_907901.html" target="_blank">legalized same-sex marriage on July 24, 2011</a>, making it the largest state at the time to pass such legislation.
Voters in Maryland <a href="http://www.huffingtonpost.com/2012/11/07/gay-marriage-victory_n_2085900.html" target="_blank">approved marriage equality in the November 2012 election</a>. Initially, the gay marriage bill was signed into law by Gov. Martin O'Malley (D) on March 1, 2012, but opponents gathered enough signatures to force the issue back onto the ballot. With the passing of marriage equality, same-sex marriage <a href="http://www.huffingtonpost.com/2012/12/31/maryland-gay-marriage_n_2389044.html" target="_blank">ceremonies began on Jan. 1, 2013</a>.
Connecticut's Supreme Court <a href="http://www.huffingtonpost.com/2008/10/10/connecticut-gay-marriage_n_133605.html" target="_blank">ruled that same-sex couples had the right to marry on Nov. 12, 2008</a>, making it the third state in the nation to do achieve marriage equality.
Iowa's Supreme Court <a href="http://www.huffingtonpost.com/2009/04/03/iowa-gay-marriage-ban-rul_n_182782.html" target="_blank">ruled the state's gay marriage ban unconstitutional</a> on April 3, 2009.
Maine <a href="http://www.huffingtonpost.com/2012/11/07/gay-marriage-victory_n_2085900.html" target="_blank">made history in the November 2012 election</a> when it became the first state to pass marriage equality on the ballot. Human Rights Campaign President Chad Griffin said, "Voters in Maine came to the common-sense conclusion that all people deserve the ability to make loving, lifelong commitments through marriage." Just three years ago, a popular vote overturned legislation that would have legalized same-sex marriage in the state.
Massachusetts became the first state in the nation to <a href="http://www.history.com/this-day-in-history/first-legal-same-sex-marriage-performed-in-massachusetts" target="_blank"> legalize same-sex marriage on May 17, 2004</a>. The state's Supreme Court initially found the ban on gay marriage unconstitutional on Nov. 18, 2003.
Same-sex couples were able to <a href="http://www.cbsnews.com/2100-201_162-6042937.html" target="_blank">begin seeking marriage licenses</a> on Jan. 1, 2010.
Vermont, which invented civil unions, became <a href="http://www.huffingtonpost.com/2009/04/07/vermont-legalizes-gay-mar_n_184034.html" target="_blank">the first state to legalize gay marriage through a legislature's vote</a> -- overriding the governor's veto. Same-sex couples were able to begin marrying on Sept, 1, 2009.
Gay couples were able to <a href="http://www.huffingtonpost.com/2009/12/01/gay-marriage-dc-council-p_n_375435.html" target="_blank">begin marrying in the nation's capital</a> on March 9, 2010.
The state initially began conducting gay marriages on June 16, 2008. On November 5, 2008, however, California <a href="http://www.huffingtonpost.com/2013/06/26/proposition-8-timeline_n_3503512.html" target="_blank">voters passed Proposition 8</a>, which amended the state's constitution to declare marriage as only between a man and a woman. On June 26, 2013, by a 5-4 vote, <a href="http://www.huffingtonpost.com/2013/06/26/hollingsworth-v-perry-ruling_n_3438269.html" target="_blank">the Supreme Court justices held in Hollingsworth v. Perry</a> that the traditional marriage activists who put Proposition 8 on California ballots in 2008 did not have the constitutional authority, or standing, to defend the law in federal courts after the state refused to appeal its loss at trial, opening the door for marriages to resume in the state.
On February 13, 2012, Gov. Christine Gregoire (D) <a href="http://www.huffingtonpost.com/2012/02/13/washington-gay-marriage-signed-chris-gregoire_n_1273887.html" target="_blank">signed a law allowing same-sex marriage ceremonies</a> to begin on June 7, 2012. The process was delayed by gay marriage opponents who gathered enough signatures to put the issue up to a state vote in November 2012. <a href="http://www.huffingtonpost.com/2012/12/09/washington-gay-marriage-law_n_2266574.html" target="_blank">Gay marriage passed on November 7, 2012.</a> The official determination for Washington did not come until one day after the election because of the state's mail-in voting system.
Gay marriage came to Rhode Island when Governor Lincoln Chafee <a href="http://www.huffingtonpost.com/2013/08/01/gay-marriage-minnesota-rhode-island_n_3686034.html" target="_blank">signed the marriage equality bill</a> into law on May 2, 2013.
Delaware obtained gay marriage when <a href="http://www.huffingtonpost.com/2013/05/07/delaware-gay-marriage-law-_n_3232771.html" target="_blank">Governor Jack Markell signed the marriage equality bill it into law</a> on May 7, 2013.
Minnesota same-sex couples achieved marriage equality when Gov. Mark Dayton signed the legislation into law <a href="http://www.huffingtonpost.com/2013/05/14/minnesota-gay-marriage-legal-_n_3275484.html" target="_blank">on May 14, 2013</a>.
Newark Mayor Cory Booker <a href="http://www.huffingtonpost.com/2013/10/20/cory-booker-same-sex-marriage_n_4134116.html?&ir=Gay%20Voices&utm_hp_ref=gay-voices" target="_blank">began marrying same-sex couples</a> at City Hall at 12:01 a.m. on Oct. 21, 2013.
Hawaii Gov. Neil Abercrombie signed same-sex marriage into law on Nov. 13, 2013, making it the 15th state to pass such legislation.
Illinois became the 16th state to legalize gay marriage, with the House <a href="http://www.huffingtonpost.com/2013/11/05/illinois-gay-marriage_n_4220793.html" target="_blank">having passed the bill on Nov. 5</a>. and Gov. Pat Quinn signing the legislation on Nov. 20.
On Dec. 19, the New Mexico Supreme Court <a href="http://www.huffingtonpost.com/2013/12/19/new-mexico-gay-marriage_n_4474507.html?ir=Gay%20Voices" target="_blank">unanimously ruled</a> that same-sex marriage rights are protected under the Constitution.