The marriage of gay couples from other states and countries where it is allowed can be legally recognized in New Mexico, the Attorney General's Office said in a legal opinion issued Tuesday.

"A comprehensive legal analysis by my office concludes that valid same-sex marriages in other states would likely be valid in New Mexico," Attorney General Gary King said.

The opinion was welcomed by at least one lesbian couple who were married five years ago in Canada. Jennifer Burns, an Albuquerque chiropractor, said in an interview that the opinion is a "public recognition of our private commitment."

But opinions by an attorney general are just that — opinions, which themselves do not have the force of law. The opinion itself notes, "we cannot predict how a New Mexico court would rule on this issue."

And a spokesman for Gov. Susana Martinez, replied, "Gov. Martinez made it clear during the campaign that she opposes same-sex marriage. It's important to note that no New Mexico court has ruled on this issue."

Burns said she and her wife, Cindy, have had problems with insurance companies recognizing their marriage.

State Rep. Al Park, D-Albuquerque, is the legislator who formally inquired about recognizing same-sex marriages from other states and countries. "I predict this (opinion) will generally fire up opponents," Park said. "My guess is that you'll see opponents trying to pass a Defense of Marriage Act in the next session."

Defense of Marriage Acts define marriage as the union of one man and one woman. Such bills have been introduced in the Legislature for more than a decade, but none passed.

The Associated Press reported that Sen. William Sharer, R-Farmington, plans to introduce a constitutional amendment during the upcoming legislative session to define marriage as between a man and woman.

A law recognizing marriages in other states have been on New Mexico books for decades, Park said. But he said, "Some (same-sex couples) trying to utilize it have not been successful.

"At least five states and Washington D.C. are currently issuing marriage licenses to same-sex couples and many other states are actively considering doing the same," the opinion says. "This increases the likelihood that New Mexico residents of the same sex who married while traveling or who move to New Mexico after marrying in a jurisdiction that allows same-sex marriages will seek to have their marriages recognized in this state."

The attorney general's opinion, written by Elaine Lujan, says, "the federal (Defense of Marriage Act) authorizes states to prohibit the recognition of out-of-state, same-sex marriages. While many states have enacted such a prohibition, New Mexico has not."

Lujan noted that the attorney general in Maryland recently opined on the issue and concluded, "Maryland would likely recognize an out-of-state, same-sex marriage despite a state law that precludes same-sex marriage." Maryland has a law prohibiting same-sex marriage.

The opinion cites a New Mexico child-custody case regarding a man who was married to his niece in Costa Rica.

"The Court concluded that New Mexico's public policy against incestuous marriages was not sufficiently strong to preclude the District Court from considering the uncle-niece marriage in its custody award," Lujan wrote.

She also said the state Supreme Court upheld the recognition of a common-law marriage of a Texas couple, even though New Mexico doesn't have common-law marriages.