A gay male couple has filed a lawsuit against the Santa Fe County clerk for denying them a marriage license when they applied for one, making it the second challenge to the state's laws limiting marriage to heterosexual couples.

Longtime partners Alexander Hanna and Von Hudson applied for their license and filed their lawsuit on Thursday.

“We believe that the clerk, like other public officials in New Mexico, supports the issuance of marriage licenses to all loving couples who wish to get married,” Kate Ferlic, a lawyer for the couple, told The New York Times. She added that the lawsuit “is meant to be the means by which they get the legal clarification they need to proceed with issuing licenses.”

The American Civil Liberties Union (ACLU) of New Mexico is representing two gay couples in a similar lawsuit filed in March.

Just hours before news of the new lawsuit broke, New Mexico Attorney General Gary King cautioned city clerks to issue marriage licenses to gay and lesbian couples.

King has been under pressure to make a statement on whether gay couples can legally marry in New Mexico. Santa Fe City Attorney Geno Zamora said in a legal memo that he believes they can.

“New Mexico's statutory definition of marriage is gender-neutral. 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,” Zamora wrote.

His opinion was the impetus behind a resolution approved by the Santa Fe City Council declaring such unions legal in the state and urging county clerks to issue marriage licenses to gay couples.

Citing pending litigation, King said on Thursday that he was unable to issue an official opinion.