New Mexico

Relationships

YES
Does the state allow same-sex couples to marry?
Miscellaneous
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.

Workplace

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 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

Miscellaneous
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.

Miscellaneous
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.

Bullying

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

Miscellaneous
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)

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