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Due to perceived ambiguity in New Mexico's laws regarding marriage, which statutorily do not define marriage as exclusively between a man and a woman, counties in the state differed in their treatment of gay couples seeking marriage licenses prior to the New Mexico Supreme Court ruling on December 19, 2013.

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On January 22, Representative Nora Espinoza, a Republican, introduced House Joint Resolution 4 which would put a constitutional amendment banning same-sex marriage to a popular vote in November 2014.

The committee failed to approve it in a 2-3 vote on February 5.

The practice was halted later that same day, February 20, after New Mexico Attorney General Patricia Madrid issued a ruling they were invalid.

On August 21, 2013, the county clerk of Doña Ana County, on his own initiative, began issuing marriage licenses to same-sex couples.

Legislation that would allow or prohibit same-sex marriage, or that would provide for domestic partnerships, has been introduced several times but has never been passed.

In January 2008, domestic partnership bill HB 9, A similar bill had been defeated in the 2007 legislature.

She sought advice from several state officials for several days without success and decided to issue licenses to same-sex couples beginning February 20.

She told the Albuquerque Journal: "This has nothing to do with politics or morals.

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Same-sex marriage became legally recognized statewide in New Mexico through a ruling by the New Mexico Supreme Court on December 19, 2013, requiring all county clerks to issue marriage licenses to qualified couples seeking marriage regardless of gender.

King who offered his view on January 4, 2011, that "a same-sex marriage that is valid under the laws of the country or state where it was consummated would likely be valid in New Mexico." The advocacy group Freedom to Marry complained that New Mexico had yet to respond to the Massachusetts ruling even though, in its view, "New Mexico's laws do not prohibit marriage between same-sex couples". Oliver argued when they initiated their lawsuit in March 2013 that the failure of New Mexico's statutes to specify the gender of the parties to a marriage contract and their gender-neutral language allowed state officials to interpret them to allow them to issue marriage licenses to same-sex couples.

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