Bench Memos

New Mexico Supreme Court Invents Right to “Same-Gender” Marriages

In a unanimous opinion issued today in Griego v. Oliver, the five justices of the New Mexico supreme court have ruled that the New Mexico constitution requires that “same-gender couples” be allowed to marry.

On a quick first read, it appears that the court’s mode of reasoning follows the same adventuresome inventiveness of other state courts that have gone this route. Among other things, the reader will learn that “the members of the LGBT community do not have sufficient political strength to protect themselves from purposeful discrimination” and are “‘relegated to such a position of political powerlessness’” that it is the court’s role to deliver them victory on the fundamental question of marriage.