0001| HOUSE BILL 640
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JERRY LEE ALWIN
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO DOMESTIC AFFAIRS; CLARIFYING THE LEGAL EFFECT OF
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0012| MARRIAGE; PROVIDING PENALTIES; AMENDING AND ENACTING SECTIONS
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0013| OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. A new section of Chapter 40, Article 1 NMSA
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0017| 1978 is enacted to read:
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0018| "[NEW MATERIAL] SAME-SEX MARRIAGES PROHIBITED.--A
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0019| marriage between persons of the same sex is prohibited and
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0020| expressly against the public policy of this state."
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0021| Section 2. A new section of Chapter 40, Article 1 NMSA is
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0022| enacted to read:
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0023| "[NEW MATERIAL] "MARRIAGE" DEFINED.--In determining the
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0024| meaning of any statute, or of any ruling, regulation or
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0025| interpretation of any agency or instrumentality of the state or
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0001| any political subdivision:
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0002| A. "marriage" means a legal union between one man
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0003| and one woman as husband and wife, respectively; and
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0004| B. "spouse" means a party to a marriage of the
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0005| opposite sex from the other party."
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0006| Section 3. Section 40-1-1 NMSA 1978 (being Laws 1862-
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0007| 1863, p.64, as amended) is amended to read:
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0008| "40-1-1. CIVIL CONTRACT. [Section 1.]
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0009| A. Marriage is contemplated by the law as a civil
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0010| contract for which the consent of the contracting parties,
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0011| capable in law of contracting, is essential.
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0012| B. The contracting parties to a marriage are one
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0013| man and one woman."
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0014| Section 4. Section 40-1-4 NMSA 1978 (being Laws 1862-
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0015| 1863, p.64, as amended) is amended to read:
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0016| "40-1-4. FOREIGN MARRIAGES RECOGNIZED. [Sec. 5.] All
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0017| marriages celebrated beyond the [limits] borders of this
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0018| state [which] that are valid according to the laws of the
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0019| [country wherein] jurisdiction in which they were
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0020| celebrated or
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0021| contracted shall be [likewise] valid in this state and shall
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0022| have the same force as if they had been celebrated in
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0023| accordance with the laws [in force in] of this state;
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0024| provided that no marriage between persons of the same sex, or
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0025| right or claim arising from such relationship, shall be valid,
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0001| binding or enforceable in this state, even if valid, binding or
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0002| enforceable in another jurisdiction."
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0003| Section 5. Section 40-1-8 NMSA 1978 (being Laws 1876,
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0004| Chapter 31, Section 3, as amended) is amended to read:
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0005| "40-1-8. PENALTIES. [Sec. 8.] If any person prohibited
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0006| from contracting marriage by [the foregoing sections, shall
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violate] Sections 40-1-1 through 40-1-7 NMSA 1978 violates
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0008| the provisions [thereof] of those sections by contracting
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0009| marriage contrary to the provisions of [said] those
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0010| sections, he [or they] shall be punished by fine [on]
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0011| upon conviction [thereof] in any sum not less than fifty
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0012| dollars ($50.00) [and]. Every person authorized under the
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0013| laws of this state to celebrate marriages who [shall unite]
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0014| unites in wedlock any of the persons whose marriage is
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0015| declared invalid by [the previous] those sections [of this
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chapter on] upon conviction [thereof] shall be fined in
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0017| any sum not less than fifty dollars ($50.00)."
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0018| Section 6. EFFECTIVE DATE.--The effective date of the
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0019| provisions of this act is July 1, 1997.
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0020| State of New Mexico
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0021| House of Representatives
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0022|
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0023| FORTY-THIRD LEGISLATURE
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0024| FIRST SESSION, 1997
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0025|
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0001|
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0002| March 11, 1997
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0003|
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0004|
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0005| Mr. Speaker:
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0006|
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0007| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0008| whom has been referred
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0009|
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0010| HOUSE BILL 640
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS, and thence referred to the
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0014| JUDICIARY COMMITTEE.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| Gary King, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001|
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date
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0005|
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0006| The roll call vote was 7 For 0 Against
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0007| Yes: 7
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0008| Excused: Rios, Vigil, Trujillo
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0009| Absent: None
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0010|
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0011|
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0012| G:\BILLTEXT\BILLW_97\H0640
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