The mayor of Santa Fe has called on New Mexico's county clerks to begin issuing marriage licences to same-sex couples, after releasing a legal memo asserting it is already legal in the state.
David Coss, the city's Democratic mayor, told the Guardian it was time to "move forward" on the issue.
New Mexico is one of three states, the others being New Jersey and Rhode Island, that doesn't include gender in its definition of marriage, according to the National Conference of State Legislatures (NCSL).
The memo, written by Geno Zamora, the Santa Fe City attorney, is set to be voted on by the council next week.
Zamora's interpretation of the law has precedent – the same arguments were used in 2004 by the then-county clerk in Sandoval, Victoria Dunlap, to issue marriage licences to 64 couples, before the state attorney ruled they were not valid.