Gov. Susana Martinez says Attorney General Gary King was right in not issuing a formal opinion on whether same-sex marriage is legal in New Mexico and her office will not get involved in any challenges.
Martinez told the Associated Press on Friday that she also believed the courts decide if same-sex marriage is legal in the state.
Her comments come a day after King — who is seeking to challenge Martinez for governor in 2014 — declined to issue a formal opinion on the matter after being asked by a state lawmaker. An internal legal analysis by his staff, however, concluded that state law doesn't allow same-sex marriage but is vulnerable to a constitutional challenge.
Currently, three gay couples have filed lawsuits in state court challenging county clerks' refusals to grant same-sex marriage licenses.