In March, lawmakers in Santa Fe, New Mexico, including Mayor David Coss (D), urged the City Council to adopt a resolution clarifying that marriage for same-sex couples is legal. Indeed, nothing in the state’s law suggests otherwise. Wednesday night, the Council voted 5-3 to approve that resolution, which urges the attorney general and county clerks to recognize marriage equality.

Though the resolution received enthusiastic cheers from the crowd in attendance, it likely changes nothing for now. The city council has no authority over county clerks, and the Santa Fe County Clerk, Geraldine Salazar, has said she will not offer same-sex marriage licenses until the state acts. Nevertheless, momentum could be all that New Mexico needs. Because the law doesn’t prohibit it, any county clerk could arguably begin issuing same-sex marriage licenses at any time, as happened in 2004 when 64 same-sex couples married.

Watch a video of the vote and the crowd’s celebration when it passed:

Kim Kiel, Rose Griego, Miriam Rand, and Ona Lara Porter

Two same-sex couples have filed suit in New Mexico state court demanding that the Albuquerque county clerk issue them marriage licenses. As some Santa Fe lawmakers pointed out earlier this week, nothing in New Mexico law prohibits same-sex marriage.

Both couple have compelling stories about combining their families, including children from past relationships, as well as taking care of each other in times of need. From the complaint, here is some background about Kim Kiel and Rose Griego:

Before they spent the thousands of dollars necessary to duplicate only some of the rights married couples automatically enjoy, Rose was hospitalized. Even though Kim had taken her to the emergency room, the hospital refused to provide Kim with any information about Rose’s condition or treatment. It was only after Rose’s family arrived that Kim was able to learn Rose’s prognosis.

Kim has two children from a previous relationship, who are now in college. Her children refer to Rose as their step-mother. Her children recognize the couple’s love for and commitment to one another, but Kim and Rose want everyone else to recognize the same. Kim and Rose want to get married, but are unable to do so in New Mexico.

And here is some background about Miriam Rand and Ona Lara Porter:

When they first started dating, Miriam had one daughter from a previous relationship and Ona had two, all of whom are now adults. From the time they combined households, Miriam and Ona loved each other’s children as if they were their own. Their youngest daughter who was just three when they combined families went so far as to go to court to change her surname to Porter-Rand in order to reflect the importance of both of the mothers in her life.

Miriam and Ona’s middle daughter, Cherif, who is now 41, is debilitated by multiple sclerosis. Miriam and Ona are caring for Cherif, and Ona has adopted Cherif’s fourteen-year-old daughter, who herself has cerebral palsy, because Cherif is no longer able to care for her daughter as a result of her disability. Miriam plans to initiate a second parent adoption to ensure that if something were to happen to Ona, their granddaughter would be protected. Although Miriam, Ona, and their granddaughter are a family to all that know them, as individuals, Miriam and Ona do not have automatic legal authority to make important decisions for one another or their child, and they have had to pay significant legal bills to protect their relationship and prove it to others, unlike different-sex couples who can simply marry.

The suit is not the only effort to figure out if same-sex couples can marry. At the request of Doña Ana County Clerk Lynn Ellins, state Rep. Bill McCamley (D) is formally requesting that Attorney General Gary King (D) provide guidance about whether clerks can proceed with offering marriage licenses. Ellins said that “Doña Ana County stands ready to stand on the right side of history, given a green light by the Office of the Attorney General.” For now, the question remains unresolved.

Santa Fe Mayor David Coss

New Mexico is an odd state when it comes to the current legal circumstances for same-sex marriage. It has neither a constitutional amendment nor a state law limiting marriage to opposite-sex couples. In 2004, a county clerk simply started offering marriage licenses to same-sex couples, and before that was stopped, 64 couples obtained marriage certificates. Since then, county clerks have simply agreed not to offer more same-sex marriages until the state legislature acts, but the legality of those 64 marriages and the status of marriage equality throughout the state remains in limbo to this day.

That may soon change, as Santa Fe Mayor David Coss (D) and City Councilor Patti Bushee are calling on the City Council to adopt a resolution clarifying that same-sex marriage legal. Coss noted that his daughter is gay and he looks forward to the day he can walk her down the aisle. City attorney Geno Zamora determined that since nothing prohibits same-sex couples from obtaining marriages, then same-sex marriage must be legal. Oddly, the Santa Fe County Clerk, Geraldine Salazar, was not included in this new push, and she has said she still will not offer licenses until the state acts. Thus, even if the Santa Fe City Council acts, it may not change anything in the short term.

Still, this renewed visibility may be enough to awaken the sleeping giant. Any county clerk in the state could decide at any moment to begin offering same-sex marriage licenses again, and hypothetically, nothing under the law could prevent them from doing. State Attorney General Gary King (D) offered guidance in 2011 that same-sex marriages from other states should be recognized in New Mexico. It makes sense that marriages performed in New Mexico would also be recognized in New Mexico.

The New Mexico House Consumer and Public Affairs Committee voted 3-2 on Thursday to advance a proposed constitutional amendment that would allow same-sex couples to marry. If it successfully passes both the House and Senate, it would be placed on the 2014 general election ballot.

The situation for legal recognition of same-sex couples in New Mexico is nebulous. The state does not have any law that explicitly bans same-sex marriage, nor any that allows it. In 2004, former Attorney General Patricia Madrid issued an advisory suggesting state law should be interpreted to limit marriage to a man and a woman, but in 2011, Attorney General Gary King issued an opposing position arguing that New Mexico should recognize same-sex marriages performed in other states. An attempt to advance an amendment banning same-sex marriage failed last year.

As in New Jersey, a referendum is not the ideal solution for New Mexico, particularly when there are other legal avenues available to legalize same-sex marriage. Ballot initiatives on LGBT issues are incredibly costly to the movement and have a measurable negative impact on the mental health of the entire LGBT community.

An openly-gay hair stylist in New Mexico is protesting Gov. Susana Martinez’s (R) opposition to same-sex marriage by refusing to style her hair unless she changes her position on the issue. KOB Eyewitness News 4 reports that Antonio Darden, “a popular stylist who runs Antonio’s Hair Studio in Santa Fe, said he cut Martinez’ hair three times” but is now refusing to see his famous client:

“The governor’s aides called not too long ago, wanting another appointment to come in,” Darden said. “Because of her stances and her views on this I told her aides no. They called the next day, asking if I’d changed my mind about taking the governor in and I said no again.”

The governor has said she believes marriage should be between a man and a woman, and that does not cut it with Darden.

“I think it’s just equality, dignity for everyone,” the popular hair stylist said. “I think everybody should be allowed the right to be together. My partner and I have been together for 15 years.”

Watch a local news news segment on the story:

During her gubernatorial campaign Martinez answered “no” when asked whether she’d sign a domestic-partnership bill, adding “I don’t think it is necessary. It is not a law I would sign.” She was recently praised by LGBT equality advocates, however, for appointing Doug Howe, a gay man, to the Public Regulation Commission over the opposition of some social conservatives in the state.