New Mexico
New Mexico
Relationships
The state currently does not allow same-sex couples to marry. New Mexico law neither expressly prohibits nor expressly authorizes the marriage of same-sex couples.
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.
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.
Workplace
See N.M. Stat. §28-1-7 and N.M Stat. §28-1-7.
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 transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
Parenting
Any individual who has been approved by the court as a suitable adoptive parent may adopt. See N.M. Stat. § 32A-5-11.
Approved in some lower courts.
Case law allows enforcement of some agreements between biological parents and their partners concerning child custody or visitation.
