New Mexico

Find Your State

Know the laws in your state that protect LBGT people and people living with HIV.
YES
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
YES
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

HIV & Healthcare

OpenClose
NO
Does the state explicitly ban transgender exclusions in health insurance?
YES
Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?
Does this state have an HIV criminalization law?

NO, New Mexico does not have a criminal statute that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct; however, all states have general criminal laws—such as reckless endangerment and assault laws—under which it is possible to prosecute an HIV-positive person for nondisclosure of HIV status prior to sexual conduct.

Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in this state in recent years?

NO, there has not been a criminal prosecution in recent years of which Lambda Legal is aware; however, that does not mean that will not be one in the future.

Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

NO, New Mexico does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.

Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

NO, New Mexico does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.

Who may adopt?

Any individual who has been approved by the court as a suitable adoptive parent may adopt. See N.M. Stat. § 32A-5-11.

Second-parent adoptions:

Approved in some lower courts.

 

Case law allows enforcement of some agreements between biological parents and their partners concerning child custody or visitation.

Public Accommodations

OpenClose
YES
Public accommodations protections on the basis of sexual orientation and gender identity?

Relationships

OpenClose
YES
Does the state allow same-sex couples to marry?
Does the state recognize marriages of same-sex couples from other jurisdictions?

The state should recognize marriages of same-sex couples from other jurisdictions, in accordance with an Attorney General opinion issued January 4, 2011. However, no court has addressed the issue.

NO
Does the state offer any other type of relationship recognition for same-sex couples?

 

If you have questions about how the state may treat marriages or other legal statuses entered by same-sex couples outside the state, contact Lambda Legal's Help Desk.

YES
Does state law prohibit bullying in public schools?

Yes

YES
Does the law include cyberbullying?

Yes

YES
Does the law specifically mention sexual orientation?

Yes

NO
Does the law specifically mention gender identity?

No

NO
Does the law also apply to private, non-religious schools?

No

Is there a state antidiscrimination law that applies (or may apply) to schools?

Yes (slight possibility under New Mexico’s Human Rights Act)

N.M. Code R. § 6.12.7 (LexisNexis 2007)

N.M. Stat. Ann. §§ 28-1-2, 28-1-7, 28-1-9 (2012) (Human Rights Act)