New Mexico

Working Toward Innovative Equality

2019
State Equality Index

State Overview

State Does Not Support

  • School Anti-Bullying

    State does not have a law that addresses harassment and/or bullying of students based on sexual orientation and gender identity.

  • Education

    State does not have a law that addresses discrimination against students based on sexual orientation and gender identity.

  • Transgender Healthcare

    State has neither a ban on insurance exclusions for transgender healthcare nor does it provide transgender-inclusive health benefits to state employees.

State Partially Supports

State Supports

  • Housing

    State prohibits housing discrimination based on sexual orientation and gender identity.

  • Employment

    State prohibits employment discrimination based on sexual orientation and gender identity.

  • Marriage Equality & Other Relationship Recognition

    State issues marriage licenses to same-sex couples.

  • Hate Crimes

    State has a law that addresses hate or bias crimes based on sexual orientation and gender identity.

  • Public Accommodations

    State prohibits discrimination in public accommodations based on sexual orientation and gender identity.

  • Gender Marker Updates On Identification Documents

    State has laws and policies that facilitate a gender marker update on both driver’s licenses and birth certificates.

  • Anti-Conversion Therapy

    This state protects youth from so-called "conversion therapy."

Active Laws & Policies

Key:

LGBTQ-friendly statewide law or policy present LGBTQ-friendly statewide law or policy not present Anti-LGBTQ statewide law or policy present No statewide law or policy present Not applicable
No LGBTQ-friendly statewide law or policy present for both sexual orientation and gender identity Statewide law or policy present for both sexual orientation and gender identity
Statewide law or policy present for sexual orientation only Statewide law or policy present for gender identity only

Parenting Laws

Pro-Equality Laws

  • Second Parent Adoption
  • Surrogacy Laws
  • Policy exists: Foster Care Non-Discrimination
  • Policy exists: Parental Presumption for Same-Sex Couples
  • Policy exists: Foster Parent Training Required
  • Policy exists: Consent to Inseminate
  • Policy exists: De Facto Parent Recognition

Anti-Equality Laws

  • Prohibition of Surrogacy
  • Laws Permitting Discrimination in Adoption/Foster Placement

Hate Crimes & Criminal Justice Laws

Pro-Equality Laws

  • Policy exists for both sexual orientation and gender identity: Enumerated Hate Crime Laws
  • Policy exists for both sexual orientation and gender identity: Mandatory Reporting of Hate Crime Statistics
  • Elimination of Bias Rage or Panic Defense for Criminal Acts
  • Policy exists for both sexual orientation and gender identity: Prohibiting Profiling Based on Actual or Perceived LGBTQ Status by Law Enforcement

Anti-Equality Laws

  • Sodomy Laws
  • HIV/AIDS Criminalization Laws

Non-Discrimination Laws

Pro-Equality Laws

  • Policy exists for both sexual orientation and gender identity: Employment
  • Policy exists for both sexual orientation and gender identity: Housing
  • Policy exists for both sexual orientation and gender identity: Public Accomodations
  • Policy exists for sexual orientation only: Education
  • Policy exists for both sexual orientation and gender identity: Adoption
  • Policy exists for both sexual orientation and gender identity: Foster Care
  • Policy exists for both sexual orientation and gender identity: Insurance
  • Policy exists for both sexual orientation and gender identity: Credit
  • Policy does not exist: Jury Selection
  • Policy exists for both sexual orientation and gender identity: Colleges & Universities
  • Policy exists for both sexual orientation and gender identity: Non-Discrimination Policy for State Employees

Anti-Equality Laws

  • Restrictions on Municipal Protections
  • Policy does not exist: Religious Exemptions in State Non-Discrimination Laws

Religious Refusal & Relationship Recognition

Anti-Equality Laws

  • Policy exists: State Religious Freedom Restoration Act
  • Religious Exemptions for Professional Training/Practice
  • First Amendment Defense Act

Youth Laws

Pro-Equality Laws

  • Policy exists: Anti-Bullying Laws - Enumerated Categories in Law
  • Policy exists: Anti-Bullying Laws - Enumerated Model Policy
  • Policy exists: Anti-Bullying Laws - Alternative Discipline
  • Policy exists: Anti-Bullying Laws - Cyberbullying
  • School Suicide Prevention Policies Required
  • Transgender Inclusion in Sports
  • Policy exists: Protection from Conversion Therapy
  • Laws to Address LGBTQ Youth Homelessness
  • LGBTQ Inclusive Sex Education Laws
  • LGBTQ Inclusive Juvenile Justice Policies

Anti-Equality Laws

  • Inequality in Age of Consent for Same-Sex Couples
  • School Laws that Criminalize Youth
  • Anti-Bullying Laws that Prohibit Enumeration
  • Laws that Restrict Inclusion of LGBTQ Topics in Schools

Health & Safety Laws

Pro-Equality Laws

  • Policy does not exist: LGBTQ Non-Discrimination Protections in ACA Exchanges
  • Policy exists: Ban on Insurance Exclusions for Trans Healthcare
  • Transgender Healthcare Inclusion in State Medicaid
  • Trans Inclusive Health Benefits for State Employees
  • Policy exists: Name and Gender Marker Updates on Driver's Licenses
  • Policy exists: Name and Gender Marker Updates on Birth Certificates
  • Policy exists for both sexual orientation and gender identity: Health Data Collection - BRFSS
  • Policy exists for both sexual orientation and gender identity: Health Data Collection - YRBSS
  • Policy exists: All-Gender Single Occupancy Facilities

Anti-Equality Laws

  • Laws Prohibiting Transgender People from Receiving Appropriate ID
  • Transgender Exclusions in State Medicaid Coverage

Related Resources

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