Is same-sex marriage now legal in New Mexico? Yes according to the City Attorney's Office of Santa Fe and maybe according to New Mexico's Attorney General Gary King. The argument goes something like this: Our state statutes do not define marriage as being expressly between a man and a woman. Perhaps when the statute was drafted some years ago there was an assumption that only heterosexual couples would seek marriage. Who knows? Both statutory and constitutional law provide that New Mexico must recognize marriages which are validly performed in other states. Thus a homosexual couple married in California or D.C. would under this rationale be recognized as a legal married couple in New Mexico.
Our Attorney General has stated that he welcomes the issue and believes that same-sex marriage is probably legal in New Mexico. The mayor of Santa Fe is calling for the issuance of same-sex marriage licenses, so I'm sure the question will be tested in our courts soon.