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Tuesday, June 08, 2004

NEW MEXICO CLERK MAY START ISSUING SSM LICENSES AGAIN: From the Associated Press

Sandoval County Clerk Victoria Dunlap may start issuing same-sex marriage licenses again this week, disregarding a court order that her attorney says is illegal and invalid.

Dunlap’s attorney, Paul Livingston, says he advised his client there is no valid order in place, and the order that was in place was illegally gotten, improper and inappropriate.

Livingston said the temporary restraining order is no longer in effect because the case has been heard by Judge Louis McDonald, fulfilling a Supreme Court requirement.

He said temporary restraining orders cannot be extended indefinitely; there is a process by which they must expire or be converted into preliminary injunctions, which was not done in this case.

Deputy Attorney General Chris Coppin insists the order remains in effect until the state’s claims are addressed.

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