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ico wikipedia jump to content main menu main menu move to sidebar hide navigation main page contents current events random article about wikipedia contact us contribute help learn to edit community portal recent changes upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 history 2 legality of same sex sexual activity 3 recognition of same sex relationships 4 adoption and parenting 5 discrimination protections toggle discrimination protections subsection 5 1 hate crime law 5 2 bullying in schools 6 transgender rights toggle transgender rights subsection 6 1 sports 7 conversion therapy 8 gay panic defence 9 lgbtq data bill and executive order 10 public opinion 11 summary table 12 references 13 external links toggle the table of contents lgbtq rights in new mexico 1 language čeština edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia redirected from lgbt rights in new mexico lgbtq rights in new mexico new mexico us legal status legal since 1975 gender identity transgender people may alter their legal gender 1 discrimination protections protections for sexual orientation and gender identity family rights recognition of relationships same sex marriage since 2013 adoption same sex couples allowed to adopt lesbian gay bisexual transgender and queer lgbtq people in the u s state of new mexico enjoy the same rights as non lgbtq people new mexico has seen prominent advances in gay and lesbian rights in recent decades same sex sexual activity has been legal since 1975 2 same sex marriage is legal statewide in new mexico as is adoption and access to fertility treatments for lesbian couples same sex couples have had the same rights as heterosexual married couples since 2013 discrimination on the basis of sexual orientation and gender identity is banned statewide in the areas of employment housing and public accommodations additionally conversion therapy on minors is prohibited in the state and transgender people are able to change their legal gender the state capital santa fe is often cited as one of the united states gay capitals 3 4 and the state s largest city albuquerque including its large metropolitan area is often referred to as a gay friendly city 5 6 7 opinion polls have shown that a majority of new mexicans support lgbtq rights and same sex marriage 2018 polling from the public religion research institute showed that 73 of new mexicans supported anti discrimination legislation protecting lgbtq people 8 history edit we wha 1849 96 a zuni lhamana in modern day new mexico native american people groups include the navajo the zuni the apache the tewa the tiwa and the keres people similarly to many native american tribes in the united states these groups have traditions of cross dressing and gender variance and had perceptions of gender and human sexuality different from that of the western world there were no legal or social punishments for engaging in same sex sexual activity nádleehi navajo naadleeh or nádleehé literally one who constantly transforms refers to individuals who are a male bodied person with a feminine nature historically the navajo recognized four gender roles asdzáán feminine female hastiin masculine male dilbaa masculine female and nádleehi feminine male the nádleehi identity is fluid and such individuals may display both male and female characteristics due to the perceived balance between both sexes they were typically chosen for certain societal and communal roles such as spiritual healers they would traditionally wear female clothes and do female work and some would have sexual relations with men which was accepted by the tribe 9 the zuni people also recognize these types of gender roles the terms lhamana literally behave like a woman refers to people assigned male at birth but who typically dress act and behave as female and katsotse refers to female bodied people who live and behave as male other tribes have similar individuals known as ńdé isdzan among the mescalero apache lhunide among the tiwa people kwido among the tewa kokwimu among the acoma and laguna pueblos and kokwima among the san felipe santa ana and kewa pueblos nowadays the term two spirit is increasingly used to refer to these identities 10 as a result of colonization much of this cultural acceptance has disappeared even among the native americans societal perceptions began to change owing to the introduction of a more stringent set of beliefs on gender and sexuality by the colonizers navajo nádleehi became the subject of ridicule 11 today lgbtq navajo may find it difficult being accepted by their family with 70 of lgbt navajo youth reportedly attempting suicide 12 spanish missionaries took repeated notes of these traditions with one franciscan missionary stating that these accursed people will disappear with the growth of the missions the abominable vice will be eliminated to the extent that the catholic faith and all the other virtues are firmly implanted there for the glory of god and the benefits of these poor ignorants among the hopi christian converts were prohibited from attending the traditional snake dance because male cross dressing could be observed jonathan ned katz notes the christianization of native americans and the colonial appropriation of the continent by white western civilization included the attempt by the conquerors to eliminate various traditional forms of indian homosexuality as part of their attempt to destroy that native culture which might fuel resistance a form of cultural genocide involving both native americans and gay people will roscoe in his work the zuni man woman writes that the prevalence of sodomy and the tolerance or even respect of transgender people fueled the spanish explorers argument for the colonization of native peoples and their lands in the name of christianity 13 shortly following the creation of the new mexico territory the territorial legislature passed a law adopting the common law in criminal cases in 1851 thus making sodomy a capital offense in 1876 the territory s first sodomy law was enacted providing a penalty of at least one year imprisonment and or a fine of 1 000 dollars with no established maximums as was the case for most of the united states at the time the statute prohibited both homosexual and heterosexual sodomy and applied to consenting adults as well in 1953 the new mexico supreme court held that fellatio was not outlawed by the state s sodomy statute two year later the new mexico legislature reworded the sodomy statute to include acts of fellatio the penalty was set at 10 years imprisonment in 1967 in the case of state v putman the new mexico court of appeals held that cunnilingus was criminal under state law again whether heterosexual or homosexual 14 legality of same sex sexual activity edit new mexico repealed its anti sodomy law in 1975 making it one of the first u s states to do so 15 the first attempt at repealing the state s sodomy law occurred in 1961 the bill passed the house of representatives by a vote of 37 to 28 but was not successful in the senate the proposed bill uniquely referred to anal sex and oral sex as variant sexual practices rather than deviate as was commonly the case in u s state statutes at the time 14 in 1972 judge lewis r sutin dissenting in the case of state v trejo described the sodomy law as unconstitutional and void because it is vague overbroad uncertain and is an unreasonable exercise of the police power of the state 14 he went on to ask if it does not seem odd that the statute allows the state to punish consenting adults for private sexual deviations and married people for the private use of their marital intimacy even though they seek stability instead of divorce in denying consensual private sex relations between adults the legislature makes criminals out of a large section of ordinary normal people in new mexico who have left the biblical text and seek contentment under modern professional guidance public policy cannot sanction this type of legislation the social revolution on the subject of private consensual sexual relations between two consenting adults has begun legally in the courts and in the legislature new mexico should follow this trend an attempt to reinstate the sodomy law failed in 1986 14 recognition of same sex relationships edit main article same sex marriage in new mexico state marriage laws do not explicitly require married couples to be of different genders and prior to december 2013 state courts had not ruled on the question of same sex marriage 16 new mexico has never recognised alternative relationship recognition schemes such as civil unions or domestic partnerships 17 in january 2011 state attorney general gary king issued an opinion that valid same sex marriages contracted in other states would likely be valid in new mexico 18 19 on december 19 2013 the new mexico supreme court ruled that the state must provide same sex couples with the same marriage rights as different sex couples making new mexico the 17th u s state to recognize same sex marriage 20 new mexico has provided benefits to same sex partners of state employees since 2003 21 in march 2019 the new mexico legislature passed a bill in both chambers unanimously 62 0 in the house and 39 0 in the senate to codify same sex marriage in state statutes the bill was signed into law in april by governor michelle lujan grisham and went into effect on july 1 2019 22 adoption and parenting edit new mexico allows single persons to adopt children the state has no prohibition on adoption by same sex couples or second parent adoptions and as stated allows those adoptions 23 lesbian couples can access in vitro fertilization and donor insemination without regard to their sexual orientation or marital status state law recognizes the non genetic non gestational mother as a legal parent to a child born via donor insemination irrespective of the marital status of the parents 24 in addition no statute or case law prohibits surrogacy as a result both gestational and traditional surrogacy are practiced in the state and such contracts are generally recognized by the courts 25 in june 2012 following the separation of a lesbian couple the state s highest court granted parental rights to the one who had been unable to adopt her partner s adopted child but who had helped raise and had supported the child financially 26 discrimination protections edit santa fe pride parade on june 29 2019 since the passage of an act relating to human rights which became effective on july 1 2003 new mexico law has outlawed unfair discrimination based on sexual orientation and gender identity in matters of employment housing credit public accommodations and union membership an executive order issued by governor toney anaya in 1985 prohibits discrimination in public employment on the basis of sexual orientation 27 in june 2012 a three judge panel of the new mexico court of appeals unanimously upheld a claim against a photography studio that refused to take pictures of a same sex couple s commitment ceremony in 2006 28 on august 22 2013 the new mexico supreme court upheld that ruling in a unanimous decision in elane photography v willock it held that enforcing the anti discrimination provisions of state law did not violate the photographer s free speech rights 29 the u s supreme court announced it would not consider an appeal in the case on april 7 2014 30 in march 2019 the new mexico legislature passed a bill in both chambers unanimously 59 0 in the house and 36 0 in the senate to repeal an explicit 15 or more employees exemption which had exempted businesses with less than 15 employees from the state s anti discrimination law the bill was signed into law by governor michelle lujan grisham and went into effect on july 1 2019 31 in march 2023 a bill passed the new mexico legislature to remove loopholes and explicitly include local entities and counties i e schools universities and or government run agencies to prevent discrimination and human rights violations within new mexico the governor of new mexico signed the bill into law effective immediately under an emergency clause 32 33 34 in may 2024 albuquerque city council voted to amend the city s human rights ordinance to align with the state law including prohibitions on discrimination based on sexual orientation gender identity and or pregnancy status alongside other changes recommended by the albuquerque human rights board 35 36 hate crime law edit since 2003 new mexico s hate crime law has directly and explicitly addressed violence and hate crimes committed solely based on the victim s or victims actual or perceived race religion color ancestry national origin gender sexual orientation or gender identity 37 38 bullying in schools edit in march 2019 the new mexico legislature passed a bill to protect students in state schools from bullying on the basis of sexual orientation and gender identity the bill passed the house by a vote of 65 0 and the senate by a vote of 33 14 it was signed into law in april by governor michelle lujan grisham and went into effect on july 1 2019 39 40 the legislation requires school districts to adopt policies prohibiting bullying and cyberbullying as well as procedures for reporting and investigation disciplinary consequences implementing prevention programs and training for all staff transgender rights edit transgender people are allowed to change their legal gender in new mexico in march 2019 a bill passed the new mexico legislature by a supermajority to repeal the 1984 sex reassignment surgery requirement the bill would also explicitly provide a neutral sex designation known as x alongside male and female on birth certificates driver s licenses and state ids the bill was passed 26 13 in the house and 33 14 in the senate it was signed into law by governor michelle lujan grisham and went into effect on november 1 2019 41 42 1 43 in march 2019 a bill passed the new mexico legislature to allow gender neutral bathrooms the bill was passed 54 12 in the house and 23 15 in the senate it was signed into law by governor michelle lujan grisham and went into effect on july 1 2019 44 the measure requires new mexico businesses and public facilities that have single occupancy restrooms to mark them as gender neutral available to any person regardless of gender identity or sex 45 prior to november 2019 the new mexico department of vital records would issue an amended birth certificate upon receipt of a statement signed under penalty of perjury by the person in 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