We conclude that although none of New Mexico’s marriage statutes specifically prohibit same-gender marriages, when read as a whole, the statutes have the effect of precluding same-gender couples from marrying and benefitting from the rights, protections, and responsibilities that flow from a civil marriage. Same-gender couples who wish to enter into a civil marriage with another person of their choice and to the exclusion of all others are similarly situated to opposite-gender couples who want to do the same, yet they are treated differently. Because same-gender couples (whether lesbian, gay, bisexual, or transgender, hereinafter “LGBT”) are a discrete group which has been subjected to a history of discrimination and violence, and which has inadequate political power to protect itself from such treatment, the classification at issue must withstand intermediate scrutiny to be constitutional. Accordingly, New Mexico may neither constitutionally deny same-gender couples the right to marry nor deprive them of the rights, protections, and responsibilities of marriage laws, unless the proponents of the legislation—the opponents of same-gender marriage—prove that the discrimination caused by the legislation is “substantially related to an important government interest.” Breen v. Carlsbad Mun. Sch., 2005-NMSC-028, ¶ 13, 138 N.M. 331, 120 P.3d 413 (internal quotation marks and citation omitted).
BOLD = B.S. -- it is proponents of traditional marriage whose rights are being trampled!
The classification comprising those who are eligible for a civil marriage license are anyone the state desires. The classification comprising those who are eligible to form a natural marriage are able to transfer natural guardianship rights to a father in exchange for an acquired natural right to coverture. Marriage legislation most often deals with civil marriage license issues and infect other legislation dealing with the care and placement of dependent children. The distinction has been masked to affect a remarkable invasion of an abuse of power between the state and family level of government. Those who are unable to transfer or create such natural rights as a natural marriage confers are not similarly situated as those who are. There is far more to marriage than love and affection. There are far too few who know the difference.