New Mexico Laws Affecting GLBT People
Couples/Partners:
Bans recognition of same-sex marriage?
No provision of New Mexico explicitly addresses same-sex marriages celebrated in another jurisdiction.	Rating No
Licenses civil unions?
No provision of New Mexico law addresses civil unions.	Rating No
Licenses same-sex marriage?
No provision of New Mexico law expressly prohibits marriage between same-sex couples. Marriage licenses were issued to a few couples in Sandoval County in February 2004, but the Attorney General ruled these licenses to be invalid under state law.	Rating No
Partner benefits for state employees?
Gov. Bill Richardson issued an Executive Order on April 9, 2003 that ensures the domestic partners of state employees are afforded the same benefits as spouses. N.M. Exec. Ord. No. 2003-010 (April 9, 2003)	Rating Yes
Hate Crimes:
Gender identity protected?
Effective July 1, 2003, New Mexico outlaws hate crimes committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, gender, sexual orientation or gender identity. An Act Related to Criminal Sentencing, N.M. Comm. Subst./S.B. 38/249 (April 8, 2003). "Gender identity" is defined to mean "a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord or opposed to the person's physical anatomy, chromosomal sex or sex at birth." Upon sentencing for a crime committed because of "bias or prejudice," a first-time offender could get a year, and a repeat offender an extra two years, added to his or her prison sentence.	Rating Yes
Sexual orientation protected?
Effective July 1, 2003, New Mexico outlaws hate crimes committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, gender, sexual orientation or gender identity. An Act Related to Criminal Sentencing, N.M. Comm. Subst./S.B. 38/249 (April 8, 2003). "Sexual orientation" is defined to mean heterosexuality, homosexuality or bisexuality, whether actual or perceived. Upon sentencing for a crime committed because of "bias or prejudice," a first-time offender could get a year, and a repeat offender an extra two years, added to his or her prison sentence.	Rating Yes
Non-Discrimination:
Gender identity protected?
As of July 1, 2003, New Mexico non-discrimination law extends to categories of "sexual orientation and gender identity" as well as "race, color, national origin, ancestry, sex, physical or mental handicap or serious medial condition." An Act Relating to Human Rights, N.M. S.B. 28 to be codified at ch. 196, N.M. Stat. Ann. §§ 28-1-2, 7, 9 (April 8, 2003); N.M. Stat. Ann. § 28-1-7 (2001). "Gender identity" is defined to mean "a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth."	Rating Yes
Sexual orientation protected?
As of July 1, 2003, New Mexico non-discrimination law extends to categories of "sexual orientation and gender identity" as well as "race, color, national origin, ancestry, sex, physical or mental handicap or serious medial condition." An Act Relating to Human Rights, N.M. S.B. 28 to be codified at ch. 196, N.M. Stat. Ann. §§ 28-1-2, 7, 9 (April 8, 2003); N.M. Stat. Ann. § 28-1-7 (2001). Sexual orientation is defined to mean: heterosexuality, homosexuality or bisexuality, whether actual or perceived. Under the law, it is illegal to discriminate against gays, lesbians, bisexuals and heterosexuals in matters of employment, housing, credit, public accommodations and union membership. Sexual orientation discrimination is also prohibited in New Mexico public employment by executive order. New Mexico Exec. Order No. 85-15 (Apr. 1, 1985).	Rating Yes
Parenting Record:
Adoption by gay/lesbian individuals.
Summary: The New Mexico Children, Youth and Families Department welcomes adoption and foster care by gay and lesbian individuals and couples. It is unclear whether judges in New Mexico would discriminate based on sexual orientation or gender identity, yet anecdotal evidence indicates that some courts have granted second-parent adoptions. The relevance of a parent's gender identity to an adoption proceeding does not appear to have been addressed by New Mexico courts. Citation: Albuquerque Journal, July 22, 2002. (This record updated on Oct. 3, 2002)	Rating Good
Adoption by same-sex couples.
[See record for adoption by gay/lesbian individuals]	Rating Bad
Custody and visitation record.
Summary: New Mexico has a good record on custody and visitation disputes involving gay or lesbian parents. Under state law, a parent's sexual orientation may be considered in determining custody and visitation but sexual orientation alone is an insufficient reason to deny custody or visitation. A non-legal parent may also seek visitation with a child in certain circumstances. The courts' attitude toward transgender parents is unknown, as there appear to have been no custody or visitation cases involving a transgender parent to date. Detail: In 1988, the New Mexico Court of Appeals recognized that homosexuality is not a bar to child custody or visitation under state law. In 1992, the New Mexico Court of Appeals recognized de facto parent status for visitation purposes in the case of the dissolution of a same-sex relationship in which only one parent had a legal relationship to the child. Citation: Barnae v. Barnae, 943 P.2d 1036 (N.M. Ct. App. 1997); A.C. v. C.B., 829 P.2d 660 (N.M. Ct. App. 1992); In the Matter of Jacinta M., 764 P.2d 1327 (N.M. Ct. App. 1988). (This record updated on Dec. 19, 2002)	Rating Good
Second-parent adoption granted.
[See record for adoption by gay/lesbian individuals]	Rating Mixed
Surrogacy record.
Summary: New Mexico law appears to allow surrogacy agreements, but only if uncompensated. Detail: New Mexico law forbids “payment to a woman for conceiving and carrying a child” but allows payment for medical and other similar expenses incurred “by a mother or the adoptee.” Citation: N.M. STAT. ANN. § 32A-5-34 (2003). (This record updated on May 25, 2004)	Rating Mixed
Safe schools:
Protects gay and lesbian students?
No provision of New Mexico law explicitly addresses school safety.	Rating No
Protects transgender students?
No provision of New Mexico law explicitly addresses school safety.	Rating No
Sodomy:
Has sodomy law?
The New Mexico sodomy law was repealed in 1975.	Rating No