There's a difference between applying rights and inventing them. The latter is certainly worth doing when it's warranted, but it also strikes me as worth setting a very high standard for doing so, because in a state constituted as ours is, to create a new right instantly overrides broad swaths of existing law and precedent. Such potentially dangerous actions should not be contemplated except in a case where their absence perpetuates a harm so grievous and unjust that nothing less will do.

As I've argued at length in this thread and the comments I've linked therein, I don't think it's reasonable to consider that standard met here.