Brief for Professors at UNM School of Law, Griego v. Oliver, New Mexico Supreme Court No. 34,306

Authors

George Bach, University of New Mexico - School of LawFollow
Max Minzner, University of New Mexico - School of LawFollow

Document Type

Brief

Publication Date

9-2013

Abstract

Brief on same-sex marriage .

New Mexico's history reflects a deep commitment to equal treatment under the law and the protection of individual liberty. The framers of the New Mexico Constitution created substantial and unique provisions relating to minority rights and individual autonomy that are broader in scope than the corresponding federal law. These include an Equal Protection Clause interpreted more expansively than the Fourteenth Amendment and an Inherent Rights Clause with no federal counterpart. Our state courts have consistently exercised independence and pragmatism in applying these rights guaranteed by the New Mexico Constitution.

A prohibition on marriage for same-sex couples in New Mexico is inconsistent with our constitutional text, history, and traditions. Such a prohibition discriminates on the basis of sexual orientation and is thus subject to intermediate scrutiny under the Equal Protection Clause in Article II, Section 18. It also penalizes the exercise of the natural, inherent, and inalienable right to form an intimate relationship and receives strict scrutiny under Article II, Section 4. Under both provisions, the ban is unconstitutional.

City

Albuquerque

Volume

Case 2014-NMSC-003

Issue

Docket number 34,306

First Page

1

Last Page

57

Recommended Citation

George Bach & Max Minzner, Brief for Professors at UNM School of Law, Griego v. Oliver, New Mexico Supreme Court No. 34,306, Case 2014-NMSC-003 1 (2013).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/493