LAS CRUCES (KRQE) - The state Attorney General warned county clerks there could be risks in issuing marriage licenses for same-sex couples.
But in a news conference Wednesday, he announced he would not take any action against the Dona Ana County Clerk's decision.
King says if other counties begin issuing marriage licenses for same-sex couples, King says he won't stop them, either.
He said the issue is in the hands of the courts.
King says he first learned about the Dona Ana County Clerk's decision Wednesday morning from a friend in Las Cruces.
He says he had no idea the Dona Ana County Clerk was even considering the idea.
King says in his eyes, the current statutory law does not allow for same sex marriage, but his office has written to the New Mexico Supreme Court calling that unconstitutional.
And that's why he won't take action.
“Well, here is a case where we have an obligation to defend the laws of the state of New Mexico to the extent that they're not unconstitutional,” he said. “But I have a higher obligation to defend the constitution.”
King warns, however, that if the state Supreme Court rules against same-sex marriage those marriages would not be recognized under law.
King says he's not sure what to expect from other counties in the wake of his decision to not act.
King says county clerks are not controlled by the Attorney General. His office simply offers them legal advice.
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