Text of House Bill 640:

AN ACT RELATING TO DOMESTIC AFFAIRS; CLARIFYING THE LEGAL EFFECT OF
MARRIAGE; PROVIDING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 40, Article 1 NMSA 1978 is enacted to read:
"[NEW MATERIAL] SAME-SEX MARRIAGES PROHIBITED. -- A marriage between persons
of the same sex is prohibited and expressly against the public policy of
this state."
Section 2. A new section of Chapter 40, Article 1 NMSA is enacted to read:
"[NEW MATERIAL] "MARRIAGE" DEFINED. -- In determining the meaning of any
statute, or of any ruling, regulation or interpretation of any agency or
instrumentality of the state or any political subdivision:
A. "marriage" means a legal union between one man and one woman as husband
and wife, respectively; and
B. "spouse" means a party to a marriage of the opposite sex from the other
party. "
Section 3. Section 40-1-1 NMSA 1978 (being Laws 1862-1863, p. 64, as
amended) is amended to read:
"40-1-1. CIVIL CONTRACT. --
A. Marriage is contemplated by the law as a civil contract for which the
consent of the contracting parties, capable in law of contracting, is essential.
B. The contracting parties to a marriage are one man and one woman.
Section 4. Section 40-1-4 NMSA 1978 (being Laws 1862-1863, p. 64, as
amended) is amended to read:
"40-1-4. FOREIGN MARRIAGES RECOGNIZED. -- All marriages celebrated beyond
the borders of this state that are valid according to the laws of the
jurisdiction in which they were celebrated or contracted shall be valid in
this state and shall have the same force as if they had been celebrated in
accordance with the laws of this state; provided that no marriage between
persons of the same sex, or right or claim arising from such relationship,
shall be valid, binding or enforceable in this state, even if valid,
binding, or enforceable in another jurisdiction."
Section 5. Section 40-1-8 NMSA 1978 (being Laws 1876, Chapter 31, Section 3,
as amended) is amended to read:
"40-1-8. PENALTIES. -- If any person prohibited from contracting marriage by
Sections 40-1-1 through 40-1-7 NMSA 1978 violated the provisions of those
sections by contracting marriage contrary to the provisions of those
sections, he shall be punished by fine upon conviction in any sum not less
that fifty dollars ($50.00).  Every person authorized under the laws of this
state to celebrate marriages who unites in wedlock any of the persons whose
marriage is declared invalid by those sections upon conviction shall be
fined in any sum not less than fifty dollars ($50.00)."
Section 6. EFFECTIVE DATE. -- The effective date of the provisions of this
act is July 1, 1997.

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