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Wednesday, March 03, 2004

THE NEXT STATE TO DROP: Stanley Kurtz

Gay marriage may soon be recognized in two American states: Massachusetts and.... Can you guess? No, I'm not thinking of California, although mayor Gavin Newsom's defiance of the law could easily bring court imposed gay marriage there. Nor am I thinking of New Jersey, although a Goodridge copycat case is working its way through the liberal New Jersey courts. Surprisingly, New Mexico could be the next state to recognize gay marriage. I'll explain why in a moment. First let's trace the big picture.

When gay marriage comes to Massachusetts in May, immense complications will follow. David Frum describes the coming legal chaos. Things like hospital visitation rights and divorce settlements in non-recognizing states are going to generate a continuous series of lawsuits. Advocates of same-sex marriage will use those suits to bolster support for nationalization. ...

New Mexico statute 40-1-4 states: "All marriages celebrated beyond the limits of this state, which are valid according to the laws of the country wherein 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." As a result of this statute, gay marriages contracted in Massachusetts may soon be recognized in New Mexico. ...

New Mexico governor, Bill Richardson, mentioned as a possible Democratic vice-presidential candidate, takes the usual Democratic position on this issue. He claims to be against gay marriage, yet is also against doing anything to prevent gay marriage. Richardson says that no state constitutional amendment, and no new statutes, are necessary to protect marriage in New Mexico. Richardson wants to see the whole matter resolved by the courts. State Republican-party chair, Senator Ramsay Gorham, on the other hand, wants the legislature to put the issue on the November ballot in the form of a constitutional amendment. ...

Once the chaotic process kicked off by Massachusetts--and New Mexico--begins, it will become clear that it's going to be all or nothing. We will have either judicially imposed national gay marriage, or a Federal Marriage Amendment. And when the full legal and social implications play out, you will see support for the FMA dramatically climb. Give it time.

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