HOUSE BILL 162

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

David C. Chavez

AN ACT

RELATING TO DOMESTIC AFFAIRS; LIMITING THE RECOGNITION OF CERTAIN MARRIAGES AND CIVIL UNIONS ENTERED INTO OUTSIDE NEW MEXICO.

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

     SECTION 1. Section 40-1-4 NMSA 1978 (being Laws 1862-1863, p.64, as amended) is amended to read:

     "40-1-4. FOREIGN MARRIAGES RECOGNIZED.--[Sec. 5.]

          A. Except as provided in Subsection B of this section, all marriages celebrated beyond the limits of this state [which] that are valid according to the laws of the state or country [wherein] in which they were celebrated or contracted shall be [likewise] valid in this state and shall have the same force as if they had been celebrated in accordance with the laws in force in this state.

          B. A marriage, civil union or similar relationship entered into by persons of the same sex, either pursuant to statute or common law, that is recognized by another state or country, is void and not recognized for any purpose in this state, and contractual or other rights granted by virtue of such marriage, civil union or similar relationship, including its termination, are unenforceable in this state.

          C. The legislature finds that in the exercise of the state's police power and recognizing the state's strong interest in governing the relationships between married persons, the provisions of Subsection B of this section shall apply retroactively."

     SECTION 2. SEVERABILITY.--If any part or application of the provisions of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

     SECTION 3. APPLICABILITY.--The provisions of this act shall apply retroactively.

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