LGBTQ rights in New Mexico

Discrimination on the basis of sexual orientation and gender identity is banned statewide in the areas of employment, housing and public accommodations.

Nádleehi (Navajo: naadleeh or nádleehé; literally one who constantly transforms) refers to individuals who are a "male-bodied person with a feminine nature".

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".

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.

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.

[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.

[26] 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.

[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.

[37][38] 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.

[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.

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.

"[41] 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.

[42] They need simply to submit a completed "Request to Change Gender Designation on a Birth Certificate" form and pay the applicable fees.

Applicants for a corrected driver's license and ID must submit a "Request for Sex Designation Change" form with the Motor Vehicles Division.

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.

[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] 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.

[48][49] In 2017, Senator Jacob Candelaria and Representative G. Andres Romero sponsored SB 121,[50] which would ban sexual orientation change efforts (conversion therapy) on minors.

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).

[59] 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.

We'wha (1849-96), a Zuni lhamana
Santa Fe Pride parade on June 29, 2019