I wouldn't call that quite "de facto equal marriage." To me what MA has is - de facto means it happens in practice without there being a specific law regarding it. In MA there's no specific law requiring or permitting same-sex marriage, but the justices have interpreted things as saying it's allowed. As long as NM same-sex couples cannot marry w/in the state, it's still a step below de facto to me. RI is a little closer to it, as it's trivial for same-sex couples in the state to travel to a location where they can be legally married.
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