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F I S C A L I M P A C T R E P O R T

SPONSOR Vaughn

DATE TYPED 02/16/05 HB 445

SHORT TITLE Marriage Defined

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB 597

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General (AGO)

SUMMARY

Synopsis of Bill

House Bill 445 expressly prohibits a marriage between persons of the same sex, defines marriage

as a legal union between one man and one woman as husband and wife, and provides that a mar-

riage between persons of the same sex that is valid in a jurisdiction outside the limits of the state

shall not be valid in New Mexico.

Significant Issues

While no New Mexico court has ruled on the constitutionality of prohibiting same-sex marriages,

a court case has been filed in response to same-sex marriages performed in Sandoval County. In

regards to that litigation, the Attorney General has taken the position that New Mexico law cur-

rently does not permit same sex marriage.

House Bill 445 -- Page 2

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Senate Bill 597 amends Section 40-1-1 NMSA 1978 defines marriage as a contract between a

man and a woman.

TECHNICAL ISSUES

The AGO raises technical issues with the drafting of the bill:

“Section 4 of the bill amending section 40-1-4.A refers to a marriage in another ‘country’

while section 40-1-4.B refers to another ‘jurisdiction’. Assuming that the term ‘country’

means a foreign country and not another state, it is unclear whether the term ‘jurisdiction’

is intended to be limited to a foreign country or to include a sister state.

“Section 5 of the bill amending section 40-1-8 requires a conviction in the first sentence but

deletes the reference to conviction in the second sentence. We suggest that the framework

in both sentences be the same in order to avoid any inconsistent interpretation.”

OTHER SUBSTANTIVE ISSUES

If enacted, House Bill 445 would likely be challenged in court.

EF/sb