New Mexico
Relationship Recognition Information
| unsettled | Licenses marriages for same-sex couples. |
| unsettled | Honors marriages of same-sex couples from other jurisdictions. |
| no | Relationship recognition for same-sex couples: None. |
- 2004 More than 60 marriage licenses issued to same-sex couples in Sandoval County. The state attorney general, declared the ensuing marriages to be invalid, but to date the New Mexico Court has not addressed their validity.
- 2003 State domestic partnership benefits.
- 2000 Anti-Marriage bill blocked. Senate Bill 189 sponsored by Sen. Leonard Rawson. The latest version of an anti-marriage bill in New Mexico (the fifth year one was pushed) blatantly targeted gay people, explicitly assuring respect to all lawful out-of-state marriages except for those of same-sex couples, and would have barred gay people from marrying. Bill was rejected and legislature adjourned on Feb. 17. Senate Joint Res. 18 — Similar.
Notes
New Mexico law neither expressly prohibits nor expressly authorizes the marriage of same sex couples, although in 2004, the Attorney General opined that "New Mexico statutes, as they currently exist, contemplate that marriage will be between a man and a woman."
Contact Lambda Legal's Help Desk if you have questions about how the state may treat marriages or other legal statuses entered by same-sex couples outside the state.
Employment Information
| yes | Private employment protections based on sexual orientation. |
| yes | Private employment protections based on gender identity. |
| yes | Public (state) employment protections based on sexual orientation. |
| yes | Public (state) employment protections based on gender identity. |
See N.M. Stat. §28-1-7 and N.M Stat. §28-1-7.
- 2004 House Bill 277, sponsored by Rep. Gail Beam, covers sexual orientation and gender identity in the areas of employment (private and public), public accomodation, housing and credit.
Notes
Discrimination in employment on the basis of sexual orientation or gender identity is prohibited. N.M. Stat. § 28-1-7.
Even where there is no state statute or executive order to rely on, protections may be available based on local ordinances or on constitutional, federal statutory and/or common law provisions. Contact Lambda Legal's Help Desk for more information.
Parenting Information
| Who May Adopt | Any individual who has been approved by the court as a suitable adoptive parent may adopt. N.M. Stat. § 32A-5-11. |
|---|---|
| Second Parent Adoptions | Approved in some lower courts. |
| Notes | Case law allows enforcement of some agreements between biological parents and their partners concerning child custody or visitation. |
