New Mexico λ (8)

Ministers, Officiants & Notaries Public

OFFICIANTS

State Marriage Laws

Same-Sex Marriage History

Ʃ - Appellate Case Pending
Ϯ - Legal Case Filed

Celebrating Life LLC, Rev. Marya OMalley
(505) 573-2013 (Albuquerque, NM) Wedding officiant available on short or advanced notice. You choose the level of service: Classic Wedding or Simple. Discounts for weekday weddings.

EcoMinister, Rev Arayna Canfield
(505) 466-6887 (Santa, Fe, NM) Non-Denominational, Ordained Minister will perform your personalized and heartfelt Wedding Ceremony. We specialize in small, intimate Weddings, in our Organic Wedding Garden. Wedding coaching also available.

HeartNSole
(505) 332-0446 (Albuquerque, NM) serving Bernalillo, Rio Rancho, and Santa Fe Counties, you may choose from a selection of service levels that run from a full custom wedding ceremony to a simple elopement.

Irene Swain, Licensed non-denominational Minister
(505) 983-1799 (Santa Fe, NM) I'm blessed to be part of weddings that take place with two, or a small group, in a beautiful outdoor nature setting special to the couple; or part of weddings, large or small, that take place at historical sites in Santa Fe

Life’s Moments Weddings, Celebrations and Ceremonies
(505) 328-7397 (Albuquerque) Weddings are celebrations, weddings are ceremonies, but most of all weddings are a new beginning, a moment in time to be treasured. Wedding Officiants for all occasions. Serving Albuquerque and Santa Fe areas of New Mexico.

Reverend Chip
(513) 884-2618 (Cincinnati, OH) "I consider it an honor and a privilege to be invited to participate in one of the most important days of your lives!" Located in Cincinnati, Ohio. Serving Ohio, Indiana, Kentucky & 28 other states.

Reverend Zenobia Conkerite
(505) 307-6893 (Albuquerque, NM) Solemn or sacred, playful and romantic, whatever your vision, I can be a great resource to you. I am ordained in an Interfaith, non-denominational tradition that honors all faiths, traditions and rituals.

Stephanie J Batterman, Notary Public
(207) 449-2497 (Bath, ME) Your Mid-Coast Maine Ceremony Your Way! All couples deserve a wedding ceremony that reflects their taste and their hope for committed and loving relationship. Let me help plan your ceremony.


NEW MEXICO STATE LAWS


2011 New Mexico Statutes
Chapter 40: Domestic Affairs
Article 1: Marriage in General, 40-1-1 through 40-1-20
Section 40-1-2: Clergymen or civil magistrates may solemnize; fees.
NM Stat § 40-1-2 (1996 through 1st Sess 50th Legis)

40-1-2. Clergymen or civil magistrates may solemnize; fees.

A. A person may solemnize the contract of matrimony by means of an ordained clergyman or authorized representative of a federally recognized Indian tribe, without regard to the sect to which he may belong or the rites and customs he may practice.

B. Judges, justices and magistrates of any of the courts established by the constitution of New Mexico, United States constitution, laws of the state or laws of the United States are civil magistrates having authority to solemnize contracts of matrimony.

C. Civil magistrates solemnizing contracts of matrimony shall charge no fee therefor.

Section 40-1-3: Ceremony by religious society.
NM Stat § 40-1-3 (1996 through 1st Sess 50th Legis) 

40-1-3. Ceremony by religious society.

It is lawful for any religious society or federally recognized Indian tribe to celebrate marriage conformably with its rites and customs, and the secretary of the society or the person presiding over the society or federally recognized Indian tribe shall make and transmit a transcript to the county clerk certifying to the marriages solemnized.

Section 40-1-8: Contracting or performing ceremony for unlawful marriage; penalty.
NM Stat § 40-1-8 (1996 through 1st Sess 50th Legis) 

40-1-8. [Contracting or performing ceremony for unlawful marriage; penalty.]

If any person prohibited from contracting marriage by the foregoing sections, shall violate the provisions thereof by contracting marriage contrary to the provisions of said sections, he or they shall be punished by fine on conviction thereof, in any sum not less than fifty dollars [($50.00)]; and every person authorized under the laws of this state to celebrate marriages, who shall unite in wedlock any of the persons whose marriage is declared invalid by the previous sections of this chapter, on conviction thereof, shall be fined in any sum not less than fifty dollars [($50.00)].

Section 40-1-14: Production of license and proof of legal qualifications.
NM Stat § 40-1-14 (1996 through 1st Sess 50th Legis) 

40-1-14. [Production of license and proof of legal qualifications.]

All persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the county clerk authorizing said marriage. Nothing in this chapter shall excuse any person from exercising the same care in satisfying himself as to the legal qualifications of any parties desiring him to perform the marriage ceremony, now required of him by law, in addition to the authority conferred by the license aforesaid.

Section 40-1-15: Certification of marriages; recording and indexing.
NM Stat § 40-1-15 (1996 through 1st Sess 50th Legis) 

40-1-15. [Certification of marriages; recording and indexing.]

It shall be the duty of all persons performing the marriage ceremony in this state as herein provided, to certify said marriage to the county clerk within ninety days from the date of marriage. The county clerk shall immediately upon receipt of said certificate cause the same to be properly recorded and indexed in a permanent record book kept for that purpose as a part of the county records.

Section 40-1-16: Application of law.
NM Stat § 40-1-16 (1996 through 1st Sess 50th Legis) 

40-1-16. [Application of law.]

Nothing in this chapter shall be construed to in any manner interfere with the records kept by any civil magistrate, religious society or church organization, or with any additional form of ceremony, regulation or requirement prescribed by them.

Section 40-1-17: Blank forms required for records.
NM Stat § 40-1-17 (1996 through 1st Sess 50th Legis) 

40-1-17. [Blank forms required for records.]

To insure a uniform system of records of all marriages hereafter contracted, and the better preservation of said record for future reference, the form of application, license and certificate provided herein shall be substantially as follows, each blank to be numbered consecutively corresponding with page number of the record book in the clerk’s office; all such blanks to be provided free of cost by the county for public use.

Section 40-1-18: Form of application, license and certificate.
NM Stat § 40-1-18 (1996 through 1st Sess 50th Legis) 

40-1-18. Form of application, license and certificate.

APPLICATION FOR MARRIAGE LICENSE No. _________

STATEMENTS RECEIVED AND FILED IN COUNTY CLERK’S OFFICE at ______ o’clock ______ .M. ________________________________________ 19 _______

DATE OF PREMARITAL PHYSICAL EXAMINATION

Bride _______________________________________________

Groom ______________________________________________

COUNTY CLERK __________________________ COUNTY

By _____________________________________ Deputy

To the County Clerk: We the undersigned hereby make application to be united in marriage and certify that we are not related within the degree prohibited by the laws of this state; that neither is bound by marriage to another; that there exists no legal impediment to this marriage; and that the information contained herein is correct.

________________________________ Male Applicant
________________________________ Date of Birth
________________________________ Place of Birth
________________________________ Present Address

________________________________ Signature

________________________________ Female Applicant
________________________________ Date of Birth
________________________________ Place of Birth ________________________________ Present Address

________________________________ Signature

Subscribed and sworn to before me this ______________ day of ___________ A.D.

19 ___ (seal) _____________________________________

By _____________________________ Deputy Signature County Clerk

CONSENT OF PARENT OR GUARDIAN (Where either party is under age)

I, the parent (guardian) of _______________________, hereby consent to the granting of a license to marry, waiving the question of minority.

______________________________________
Signature Parent (Guardian)

I, the parent (guardian) of _______________________, hereby consent to the granting of a license to marry, waiving the question of minority.

______________________________________
Signature Parent (Guardian)

MARRIAGE LICENSE

State of New Mexico,
ss.
County of _____________.

To any Person Authorized by Law to Perform the Marriage Ceremony:

Greeting:

You are hereby authorized to join in marriage _________________ of _________________ and _________________ of _________________ and of this license you will make due return to my office within the time prescribed by law.
Witness my hand and the seal of said court at ________________ this _______________ day of ____________, 19 ____.

______________________________________
County Clerk

Recorded _____________, 19 ____, at ____ .M.

In marriage record book no. ____, page ____.

______________________________________
County Clerk

MARRIAGE CERTIFICATE

State of New Mexico,
ss.
County of _____________.

I hereby certify that on the _______________ day of ____________, A. D., 19 ____, at ____ in said county and state, I, the undersigned, a _______________, did join in the Holy Bonds of Matrimony in accordance with the laws of the state of New Mexico and the authorization of the foregoing license _________________ of _________________ and _________________ of _________________.

Witness my hand and seal the day and year last above written.

______________________________________
(Official Title)

WITNESSES:
______________________________________

______________________________________

Signed ___________________________ Groom

Signed ___________________________ Bride

Recorded this ____________ day of ____________, A. D., 19 ____, at ____M.

Marriage Record Book No. ____, Page No. ____.

______________________________________
County Clerk

Section 40-1-19: Offenses; penalty.
NM Stat § 40-1-19 (1996 through 1st Sess 50th Legis) 

40-1-19. [Offenses; penalty.]

Any county clerk, or person authorized by law to perform the marriage ceremony, who shall neglect or fail to comply with the provisions of the eight preceding sections, and any person who shall willfully violate the law by deceiving or attempting to deceive or mislead any officer or person authorized to perform the marriage ceremony in order to obtain a marriage license or to be married, contrary to law, shall be deemed guilty of a misdemeanor and upon conviction be fined in any sum not less than fifty dollars [($50.00)] nor more than one hundred dollars [($100)], or by imprisonment in the county jail for not less than ten days nor more than sixty days or by both fine and imprisonment, in the discretion of the court.


Same-Sex Marriage History


Same-sex marriage in New Mexico became legal statewide through a ruling by the New Mexico Supreme Court on December 19, 2013. Until then, same-sex couples could only obtain marriage licenses in certain counties of the state. Eight of 33 counties, covering 58% of the state’s population, had begun issuing marriage licenses to same-sex couples in August and September 2013. New Mexico’s marriage statute is not specific as to gender. It is the only state lacking a state statute or constitutional provision explicitly addressing same-sex marriage. Despite the ruling by the New Mexico Supreme Court allowing same-sex marriages in the state, some of New Mexico’s Native American tribes (most notably the Navajo Nation) continue to prohibit same-sex marriages within their jurisdictions and do not recognize same-sex marriages performed elsewhere.

A small number of same-sex marriages were licensed in Sandoval County in 2004. The practice was halted later that same day, February 20, 2004 after New Mexico Attorney General Patricia Madrid filed a lawsuit to stop the practice.

On August 21, 2013, the county clerk of Doña Ana County, on his own initiative, began issuing marriage licenses to same-sex couples. Later in the month, three district judges ruling on separate lawsuits ordered first Santa Fe County, then Bernalillo County, and then Taos County, to issue marriage licenses to same-sex couples, with a fourth judge ordering the same in Grant County in September. A similar ruling was made in Los Alamos County, where the county clerk said she would not comply with the order until it was upheld on September 4, the first time a New Mexican judge affirmed a ruling for same-sex marriage after it had been challenged. Meanwhile, county clerks in San Miguel and Valencia counties altered marriage licenses for same-sex couples.

On August 29, 2013, New Mexico’s county clerks voted unanimously to ask the New Mexico Supreme Court to rule on the legality of same-sex marriage and the Supreme Court held a hearing on their petition on October 23, 2013.

On December 19, 2013, that court issued a unanimous decision in Griego v. Oliver holding that marriage licenses must be issued to couples without respect to gender, making New Mexico the 17th state to legalize same-sex marriage.