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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 charge of an institution or from the attending physician indicating that the sex of an individual born in this state has been changed by surgical procedure together with a certified copy of an order changing the name of the person 42 since november 1 2019 new mexico has issued corrected birth certificates to transgender people without the requirement that they undergo surgery or other medical operations 41 they need simply to submit a completed request to change gender designation on a birth certificate form and pay the applicable fees minors require parental consent as well applicants for a corrected driver s license and id must submit a request for sex designation change form with the motor vehicles division in march 2023 a bill hb7 formally passed the new mexico legislature and was signed into law by the governor of new mexico to legally codify protect and defend gender affirming care abortion sexual orientation protections and sexual reassignment surgery for adults who want it on request without restrictions even from interstate travellers new mexico is officially a sanctuary state for transgender youths surrounded by jurisdictions attempting to ban gender affirming care for minors except for colorado to the north that has similar policies and laws to new mexico 46 47 that same month a bill hb31 passed the new mexico legislature to formally repeal the archaic and outdated requirement to publish a formal change of legal name on a birth certificate within a newspaper the current laws potentially risks the privacy safety and lives of transgender individuals within the state the governor of new mexico signed the bill into law 48 49 in 2026 following the creation of a new rule by the trump administration that would prevent gender affirming care from being covered by federal healthcare programs like medicaid the state s health care authority announced that they would use state funds to maintain coverage 50 sports edit there is no state law in new mexico prohibiting transgender girls from participating eligibility being determined by birth certificate original or amended the new mexico activities association provides no further guidance 51 conversion therapy edit see also list of u s jurisdictions banning conversion therapy in 2017 senator jacob candelaria and representative g andres romero sponsored sb 121 52 which would ban sexual orientation change efforts conversion therapy on minors the new mexico senate approved the bill on february 16 2017 by a 32 6 vote and the new mexico house of representatives concurred on march 15 2017 by a 44 23 vote the bill was signed by governor susana martinez on april 7 2017 53 and went into effect on july 6 2017 54 55 gay panic defence edit in the 2019 new mexico legislative session a bill to abolish the gay panic defence was passed unanimously by the new mexico senate by a vote of 40 0 56 57 however the new mexico house of representatives took no action on the bill before it adjourned sine die on march 20 no similar bill was introduced in the 2020 new mexico legislative session on january 31 2021 another bill was introduced to repeal the gay panic defense 58 the bill passed by a vote of 41 0 in the senate however the house again took no action on the bill again before it adjourned sine die legislation would need to be re introduced in the 2022 legislative session in february 2022 the new mexico legislature passed an omnibus crime bill hb68 that also added amendments that repeals the common law gay and trans panic defence the new mexico governor michelle lujan grisham signed the bill into law on march 9 2022 59 60 lgbtq data bill and executive order edit in march 2021 a bill sb316 lapsed and died due to not passing through the new mexico legislature within the 60 day session 61 62 however in august 2021 the governor of new mexico signed and implemented an executive order instead for the immediate establishment and keeping of lgbtq data statistics demographics and or records collected from lgbtq new mexico residents 63 public opinion edit a 2017 public religion research institute poll found that 63 of new mexico residents supported same sex marriage while 30 were opposed and 7 were unsure 8 additionally 64 supported an anti discrimination law covering sexual orientation and gender identity 27 were opposed public opinion for lgbtq anti discrimination laws in new mexico poll source date s administered sample size margin of error support opposition no opinion public religion research institute january 2 december 30 2019 452 68 23 9 public religion research institute january 3 december 30 2018 406 73 22 5 public religion research institute april 5 december 23 2017 534 64 27 9 public religion research institute april 29 2015 january 7 2016 589 75 22 3 summary table edit same sex sexual activity legal since 1975 equal age of consent 16 anti discrimination laws in all areas since 2003 for both sexual orientation and gender identity removal of legal loopholes and exemptions since 2023 same sex marriages and recognition of same sex couples since 2013 disputed in the san ildefonso pueblo explicitly banned in the navajo nation since 2005 lgbtq data and statistics for demographics collection purposes since 2021 by executive order 63 stepchild and joint adoption by same sex couples lesbian gay and bisexual people allowed to serve openly in the military since 2011 transgender people allowed to serve openly in the military since 2025 64 intersex people allowed to serve openly in the military current dod policy bans hermaphrodites from serving or enlisting in the military 65 gender neutral bathrooms since 2019 1 right to change legal gender 1 43 third gender option since 2019 66 43 access to ivf for lesbian couples conversion therapy banned on minors since 2017 surrogacy arrangements legal for gay male couples 25 msms allowed to donate blood since 2020 3 month deferral period 67 portals lgbtq law politics references edit 1 2 3 4 sb 20 sex designation on vital records new mexico legislature new mexico sodomy law hrc org archived from the original on november 3 2013 retrieved november 2 2013 albo mike january 12 2011 gayest cities in america february 2011 advocate com retrieved august 29 2015 welcome to gay friendly santa fe gay new mexico retrieved august 29 2015 welcome to gay friendly albuquerque gay new mexico retrieved august 29 2015 lgbt visit albuquerque december 19 2013 retrieved august 29 2015 abqpride com retrieved august 29 2015 1 2 prri american values atlas new mexico a glimpse into the diné gender system and two spirit people archived from the original on may 15 2019 retrieved february 16 2019 two spirit and okiciyap jorge rivas february 23 2015 the surprising history of gay marriage in the navajo nation splinter lgbt navajos discover unexpected champions their grandparents national public radio january 26 2019 stein rachel june 25 2004 new perspectives on environmental justice gender sexuality and activism rutgers university press isbn 0813542537 1 2 3 4 the history of sodomy laws in the united states new mexico the history of lgbt rights in new mexico archived from the original on september 7 2016 retrieved june 13 2017 albuquerque journal susan montoya bryan same sex couples line up in sandoval county to get married february 20 2004 archived february 10 2021 at the wayback machine retrieved april 2 2011 arthur s leonard homosexuality and the constitution vol 4 homosexuality and the family ny garland 1997 175 available online retrieved april 9 2011 democracy for new mexico attorney general gary king issues opinion supporting recognition of out of state same sex marriages democracyfornewmexico com retrieved march 27 2011 terrell steve january 5 2011 ag other states same sex marriages valid in n m santa fe new mexican archived from the original on july 16 2011 retrieved march 27 2011 blake aaron december 19 2013 new mexico supreme court legalizes gay marriage washington post retrieved december 29 2013 national conference of state legislatures states offering benefits for same sex partners of state employees archived 2010 05 02 at the wayback machine retrieved april 16 2011 sb 503 new mexico legislature human rights campaign new mexico adoption law archived 2012 07 25 at the wayback machine accessed april 9 2011 new mexico s equality profile movement advancement project 1 2 new mexico surrogacy laws baby steps surrogacy baby steps surrogacy january 19 2021 archived from the original on april 28 2025 retrieved june 25 2025 the advocate neal broverman a win for gay mothers in new mexico june 2 2012 accessed june 4 2012 hrc new mexico non discrimination law archived 2012 03 11 at the wayback machine accessed june 3 2012 nm court upholds gay discrimination ruling huffington post june 5 2012 retrieved march 21 2014 justin snow august 22 2013 new mexico supreme court rules photographer cannot deny services to same sex couple metro weekly archived from the original on august 22 2013 retrieved august 22 2013 elane photography llc v willock 309 p 3d n m 2013 wolf richard april 7 2014 supreme court won t hear case on gay wedding snub usa today retrieved april 7 2014 elane photography llc v willock 134 s ct 1787 u s 2014 sb 227 additional unlawful discrimination practices new mexico legislature new mexico legislature sends anti discrimination law to governor s desk march 15 2023 new mexico updates anti discrimination law to include lgbtq protections march 16 2023 lujan grisham signs bills expanding human rights act revising process for name changes in new mexico albuquerque journal march 24 2023 albuquerque expands definition of discrimination to include more protected groups kunm may 7 2024 council provides basic human rights for almost everybody city desk abq may 16 2024 hate crimes law passage important for new mexico adl march 24 2003 new mexico gaylawnet sb 288 safe schools for all students act new mexico legislature robinson charlotte march 15 2019 new mexico passes safe schools act outtake 1 2 new mexico becomes fourth state to allow gender neutral sex designation on birth certificates new mexico department of health october 29 2019 permanent dead link 1 2 new mexico national center for transgender equality 1 2 3 gender identity bill moves to the governor s desk krqe archived from the original on march 31 2019 retrieved march 11 2019 hb 388 new mexico legislature robert nott february 28 2019 house approves gender neutral bathroom bill santa fe new mexican how new mexico quietly became a refugee state for trans people may 24 2023 legislation new mexico legislature legislation new mexico legislature lujan grisham signs bills expanding human rights act revising process for name changes in new mexico albuquerque journal march 24 2023 nowell cecilia august 24 2026 new mexico to continue funding gender affirming care for minors after federal cuts the guardian retrieved august 24 2026 barnes kate august 24 2023 transgender athlete laws by state legislation science more espn retrieved may 31 2026 2017 regular session sb 121 martinez signs bill on conversion therapy vetoes gun ban for restraining orders...