New Mexico's first same-sex divorce case could resolve legal issues surrounding marriage licenses provided to dozens of gay and lesbian couples in a rogue action by a Sandoval County clerk.

Angela Maria Carrejo, 53, and Karla JaNelle Haught, 43, of Santa Fe were among 66 same-sex couples who obtained marriage licenses on the same date six and a half years ago — before the state attorney general convinced the Sandoval County clerk to stop.

The two women were married in a ceremony and for several years lived together at a house west of downtown Santa Fe and at their ranch in Rio Arriba County.

But last year, Carrejo petitioned the state District Court to dissolve their marriage and divide their community property.

Haught countered that the marriage was never legally valid, and consequently rules of community property don't apply.

"New Mexico law does not allow marriage between two individuals of the same sex," says Haught's motion for summary judgment. "The purported marriage of the parties was void ab initio (from the beginning)."

On Monday, state District Judge Sarah Singleton is scheduled to hear Haught's motion to dismiss Carrejo's divorce petition.

Carrejo's lawyer, Amber Train, calls this same-sex marriage and divorce dispute "a case of first impression," raising legal issues not previously argued in New Mexico.

If Judge Singleton dismisses the divorce petition, Train said, she will appeal.

Former Sandoval County Clerk Victoria Dunlap stopped issuing marriage licenses to applicants of the same gender about 4:30 p.m. Feb. 20, 2004, after then-Attorney General Patricia Madrid sent her a letter advising that the licenses were invalid.

Based on Madrid's opinion, a judge issued a temporary restraining order to stop Dunlap from issuing more same-sex licenses, and the state Supreme Court extended the order as an injunction. But the matter was dropped after Dunlap, a Republican who subsequently lost a bid for nomination to the Sandoval County Commission, moved to Ohio.

"This is the first time this issue has been directly in front of the courts," Train said. "I don't know whether these cases have just settled or whether people just didn't think they had a claim because of the attorney general's letter."

Train said Carrejo recently heard from a national gay rights group interested in the outcome of her case.

Haught, who did not return a message seeking comment, is a state government lawyer who initially was represented in the case by Richard Lees and now represents herself.

Carrejo's initial list of what she considered community property included three dogs, various artwork, three television sets, dozens of pieces of furniture, dishes, camping gear, linens, towels, blankets and bedding.

One of their dogs, a Shih Tzu named Mattie, was the subject of a lawsuit in 2006 filed by a New Orleans woman, then relocated to Houston, who claimed Mattie had been taken from her improperly in the aftermath of Hurricane Katrina. That case has been settled.

Train said Wednesday that issues between Carrejo and Haught involving the pets and most of the personal property have been resolved, leaving in dispute only the Santa Fe home and the Rio Arriba County ranch.

According to one of Haught's motions, both the residence and the ranch were transferred to Haught in 2000 by her parents, who "disapproved of the parties' lesbian relationship in general and were hostile to (Carrejo) in particular."

Carrejo and Haught both accused each other of domestic abuse last year, according to Haught's motion.

Train said Carrejo is no longer living in Santa Fe city or county, but she declined to say where "because of the situation between the parties." Train said she doesn't know if Haught is still living at the Santa Fe house.

Carrejo currently "is in the process of changing jobs," Train said. "Again, because of the relationship, she doesn't want it out yet what her new job's going to be."

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.