City officials in Santa Fe, N.M., argue that gay marriage is already legal because state law does not explicitly “define marriage as between a man and a woman.”

“New Mexico’s statutory definition of marriage is gender-neutral,” The New Mexican quotes the city attorney office as arguing. “Since New Mexico does not define marriage as between a man and a woman, and since New Mexico does not prohibit same-sex marriage, same-sex marriage is permitted in New Mexico.”

Santa Fe Mayor David Coss proposed a resolution “recognizing that same-sex marriage is legal in New Mexico and encouraging New Mexico’s county clerks to issue licenses to same-sex couples.”

According to the liberal group ProgressNow New Mexico, “The resolution will be introduced next week, just as the Supreme Court takes up arguments on gay marriage and [the Defense of Marriage Act].”