Read the briefs in Griego v. Oliver, the same-sex marriage case in the New Mexico Supreme Court

Yesterday, September 23, was the response deadline for response briefs in Griego v. Oliver, the same-sex marriage case that the New Mexico Supreme Court will hear on October 23.

According to this report in the Santa Fe New Mexican, several briefs were filed yesterday, and it may well be that other amicus curiae will ask for permission to file briefs. If I can obtain copies of all the briefs, I will post them here, so check back later if you don’t see the brief you want to read listed below.

If you have filed a brief and would like me to post it, I’d be more than happy to do so. Just shoot me an e-mail at ejk@modrall.com.

1.  The Verified Petition for Writ of Superintending Control filed by the New Mexico Association of Counties and by all 33 County Clerks earlier this month. (Thanks to Steve Kopelman, General Counsel of the New Mexico Association of Counties, for sending me a copy.) This was actually filed earlier this month.

2. Plaintiffs-Real Parties in Interest Response to Petition for Writ of Superintending Control. This is the brief filed by the ACLU of New Mexico, the ACLU Foundation, and the National Center for Lesbian Rights on behalf of Rose Griego and Kim Kiel, as well as five other same-sex couples. Plaintiffs argue that a writ of superintending control is appropriate because whether marriage should be extended to same-sex couples is a matter of great public importance.  Plaintiffs further argue that prohibiting them from marrying violates the state constitution’s Due Process Clause, Equal Rights Amendment, and Equal Protection Clauses (and they make clear that they are not seeking relief under the United States Constitution).  (Thanks to an anonymous person for sending this to me).

3.Brief of Amici Curiae New Mexico Legislators.  Twenty-three present and former state legislators argue that New Mexico’s marriage statutes only permit marriage between one man and one woman. The legislators also argue that defining marriage as a relationship between one man and one woman is entirely rational in light of the purposes of marriage, which is to foster “the responsible creation, nurture, and socialization of the next generation.” Therefore, the legislators argue that the traditional definition of marriage does not violate the New Mexico Constitution’s Equal Protection, Equal Rights, or Due Process Clauses.  (This brief, and further commentary, may be found at the website of Alliance Defending Freedom, which is representing the legislators).

Kathleen Perrin of Equality Case Files has posted some additional briefs at her Scribd account, and very kindly sent me the following links (thanks, Ms. Perrin!):

4. Response of the Honorable Alan Malott to Verified Petition for Writ of Superintending Control. This brief was written by the New Mexico Attorney General’s Office, and argues that denying marriage to same-sex marriage violates the Equal Protection Clause of the New Mexico Constitution.

5. Brief of Amici Curiae Professors at University of New Mexico School of Law, filed by Professors Max J. Minzner and George Bach. This brief argues that limiting marriage to opposite-sex couples does not survive either intermediate or strict scrutiny under the New Mexico Constitution.

6. Brief of the American Psychological Association, et al., as Amici Curiae, filed by Paul M. Smith of Jenner Block (famous for his role as counsel in the Lawrence v. Texas case), and two New Mexico attorneys, Caren Friedman and Sarah Bennett. This brief presents some scientific evidence about homosexuality, and argues that the denial of marriage to same-sex couples is harmful.

7. Brief of Amici Curiae Equality New Mexico, et al., filed by Mary Bonauto of Gay & Lesbian Advocates and Defenders (GLAD) in Boston and Daniel Yohalem of Santa Fe. In addition to arguing that limiting marriage to one man and one woman violates the Equal Protection Clause of the New Mexico Constitution, this brief argues that Article II, Section 4, which protects the “inherent and inalienable rights” of “enjoying and defending life and liberty,” is also violated.

(UPDATE, Sept. 25, 2013): I’ve now managed to obtain the brief filed by the Santa Fe County Clerk:

8. Geraldine Salazar’s Response to Verified Petition for a Writ of Superintending Control, filed by Santa Fe County Attorney Stephen Ross.  This brief argues that writ of superintending control is proper, that denial of same-sex marriage violates the Equal Rights Amendment and Equal Protection Clause of New Mexico’s Constitution.

Thanks also to Kerry Kiernan, appellate lawyer at Sutin, Thayer & Browne, and candidate for the New Mexico Court of Appeals, for also sending me copies of these briefs!

 

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