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