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F I S C A L I M P A C T R E P O R T
SPONSOR Sharer
DATE TYPED 02/16/05 HB
SHORT TITLE Marriage Defined
SB 597
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 HB 445
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
Attorney General (AGO)
SUMMARY
Synopsis of Bill
Senate Bill 597 provides that marriage is a civil contract between a man and a woman.
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.
pg_0002
Senate Bill 597 -- Page 2
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
House Bill 445 also amends Section 40-1-1 NMSA 1978 to define marriage as a contract be-
tween one man and one woman. It also amends Section 40-1-4 NMSA 1978 relating to recogni-
tion of foreign marriages and Section 40-1-8 relating to penalties for performing marriages.
OTHER SUBSTANTIVE ISSUES
If enacted, Senate Bill 597 would likely be challenged in court.
EF/lg