IIRC, NM was the one state that had not legislated on marriage, one way or the other, since the AK and HI situations in the late ‘90s made the possibility of same-sex marriage salient. I’m sure NM Republicans said “we don’t need to amend the state constitution, since such a lawsuit would never succeed here”; just like those idiot GOP members of Congress who refused to push for a Federal Marriage Amendment around 2003, when clearly we had 2/3 of votes for passage in both houses of Congress and would have gotten 38 state legislatures to approve. “We don’t need that; we’ve got DOMA.” Famous last words.
remeber John McCain attached the poison pill “flag burning amendment” in order to kill the FMA.
Sadly, NM has been taken over by fleeing Californians who brought their absurd voting habits.