ALBUQUERQUE, N.M. - New Mexico Attorney General Gary King says a state prohibition on same-sex marriage is unconstitutional.
In written arguments to the state Supreme Court, King wants the ban lifted if the court agrees to consider a lawsuit filed by two men from Santa Fe who were denied a marriage license.
However, King also says the suit shouldn't be before the court and that the Santa Fe county clerk should be ordered to issue them a marriage license.
King said New Mexico’s law doesn't allow gay marriage, even though there's nothing in the law that necessarily bans or allows gay marriage.
He says the prohibition on gay marriage violates the state constitutional guarantee of equal protection.
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