The logic goes like this: since New Mexico statute doesn't include gender in its definition of marriage, and since the state's equal rights laws prohibit discrimination based on sex—meaning marriage licenses can't be denied based on gender—and since New Mexico already recognizes same sex marriages from other states, same-sex marriage is already legal or, in the words of the press release, "same-sex couples are capable of contracting within the law and capable of marrying in the State of New Mexico."

