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LGBTQ rights in New Mexico

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LGBTQ rights in New Mexico
New Mexico (US)
StatusLegal since 1975
Gender identityAltering sex on birth certificate requires surgery (to be repealed on July 1, 2019)[1]
Discrimination protectionsYes, for both sexual orientation and gender identity
Family rights
Recognition of relationshipsSame-sex marriage legal statewide since December 2013
AdoptionYes

New Mexico has seen prominent advances in lesbian, gay, bisexual, and transgender (LGBT) rights in recent decades, homosexuality being legal since 1975,[2] and more progress has been made since then, especially post 2000s. Same-sex marriage is legal statewide in New Mexico, as is adoption and donor insemination rights for lesbian couples. Same-sex couples now enjoy the same rights as heterosexual married couples. Discrimination on the basis of sexual orientation and gender identity is banned statewide. Additionally, conversion therapy on minors is prohibited in the state.

The capital of New Mexico, Santa Fe, is often cited as one of the United States' gay capitals,[3][4] and the state's largest city Albuquerque, including its large metropolitan area, is often referred to as a "gay-friendly" city.[5][6][7] A majority of New Mexicans support same-sex marriage.[8]

History

We'wha (1849-96), a Zuni lhamana

In modern-day New Mexico, Native American people groups include the Navajo, the Zuni, the Apache, the Tewa, the Tiwa, and the Keres people. Similarly to many Native American tribes in the United States, these groups have traditions of cross-dressing and gender variance, and had perceptions of gender and human sexuality different to that of the Western world. There were no legal or social punishments for engaging in same-sex sexual activity.

Nádleehi (Template:Lang-nv or nádleehé; literally one who constantly transforms) refers to individuals who are a "male-bodied person with a feminine nature". Historically, the Navajo recognized four gender roles: asdzáán (feminine female), hastíín (masculine male), dilbaa (masculine female), and nádleehi (feminine male). The nádleehi identity is fluid, and such individuals may display both male and female characteristics. Due to the perceived "balance" between both sexes, they were typically chosen for certain societal and communal roles, such as spiritual healers. They would traditionally wear female clothes and do female work, and some would have sexual relations with men which was accepted by the tribe.[9]

The Zuni people also recognize these types of gender roles. The terms lhamana (literally behave like a woman) refers to people assigned male at birth but who typically dress, act and behave as female, and katsotse refers to female-bodied people who live and behave as male. Other tribes have similar individuals, known as ńdé?isdzan among the Mescalero Apache, lhunide among the Tiwa people, kwidó among the Tewa, kokwi'ma among the Acoma Pueblo, and kok'we'ma among the Laguna Pueblo. Nowadays, the term two-spirit is increasingly used to refer to these identities.[10]

Legality of same-sex sexual activity

New Mexico repealed its anti-sodomy law in 1975, making it one of the first U.S. states to do so.[11]

Recognition of same-sex relationships

Main article: Same-sex marriage in New Mexico

State marriage laws do not explicitly require married couples to be of different genders and prior to December 2013 state courts had not ruled on the question of same-sex marriage.[12] New Mexico has never recognised alternative relationship recognition schemes, such as civil unions or domestic partnerships.[13] In January 2011, state Attorney General Gary King issued an opinion that valid same-sex marriages contracted in other states "would likely be valid in New Mexico".[14][15]

On December 19, 2013, the New Mexico Supreme Court ruled that the state must provide same-sex couples with the same marriage rights as different-sex couples, making New Mexico the 17th U.S. state to recognize same-sex marriage.[16]

New Mexico has provided benefits to same-sex partners of state employees since 2003.[17]

In March 2019, the New Mexico Legislature passed a bill within both houses unanimously (House vote 62-0 and Senate vote 39-0) to codify same-sex marriage legislation. The bill awaits a signature from Governor Michelle Lujan Grisham.[18]

Adoption and parenting

New Mexico allows single persons to adopt children. The state has no prohibition on adoption by same-sex couples or second-parent adoptions, and as stated, allows those adoptions.[19]

Lesbian couples can get access to IVF and donor insemination without regard to their sexual orientation or marital status.

In June 2012, following the separation of a lesbian couple, the state's highest court granted parental rights to the one of them who had been unable to adopt her partner's adopted child but who had helped raise and had supported the child financially.[20]

Discrimination protections

Since the passage of An Act Relating to Human Rights, which became effective July 1, 2003, New Mexico law has protected against discrimination based on sexual orientation and gender identity "in matters of employment, housing, credit, public accommodations and union membership." An executive order issued by Governor Toney Anaya in 1985 prohibits discrimination in public employment on the basis of sexual orientation.[21]

In June 2012, a three-judge panel of the New Mexico Court of Appeals unanimously upheld a claim against a photography studio that refused to take pictures of a same-sex couple's commitment ceremony in 2006.[22] On August 22, 2013, the New Mexico Supreme Court upheld that ruling in a unanimous decision in Elane Photography v. Willock. It held that enforcing the anti-discrimination provisions of the New Mexico Human Rights Act did not violate the photographer's free speech rights.[23] The U.S. Supreme Court announced it would not consider an appeal in the case on April 7, 2014.[24]

In March 2019, the New Mexico Legislature passed a bill within both houses unanimously (House vote 59-0 and Senate vote 36-0) to repeal an explicit 15 or more employees exemption. The bill was signed into law by the Governor Michelle Lujan Grisham and goes into effect on July 1, 2019.[25]

Hate crime law

New Mexico hate crime law since 2003 directly and explicitly addresses violence and hate crimes committed solely based on the victim's or victims' actual or perceived race, religion, color, ancestry, national origin, gender, sexual orientation or gender identity.[26][27]

Bullying in schools

In March 2019, the New Mexico Legislature passed a bill within both houses (House vote 65-0 and Senate vote 34-7) to protect all students in New Mexico schools from bullying on the basis of sexual orientation and gender identity. The bill awaits a signature from Governor Michelle Lujan Grisham.[28][29]

Gender identity and expression

Transgender people are allowed to change their legal gender in New Mexico. The New Mexico Department of Vital Records will issue an amended birth certificate upon receipt of "a statement signed under penalty of perjury by the person in charge of an institution or from the attending physician indicating that the sex of an individual born in this state has been changed by surgical procedure, together with a certified copy of an order changing the name of the person."[30]

In March 2019, a bill passed the New Mexico Legislature by a supermajority (House vote 26-13 and Senate vote 33-14) to repeal the 1984 sex reassignment surgery requirement. The bill was signed into law by the Governor Michelle Lujan Grisham and goes into effect on July 1, 2019.[31][32] It would also provide a "neutral" sex designation, known as "X".

Gender-neutral bathrooms

In March 2019, a bill passed the New Mexico Legislature in both houses (House vote 54-12 and Senate vote 23-15) to explicitly allow gender-neutral bathrooms. The bill was signed into law by the Governor Michelle Lujan Grisham and will go into effect on July 1, 2019. Both California and Vermont have very similar legislation.[33]

Conversion therapy

See also: List of U.S. jurisdictions banning conversion therapy

In 2017, state Senator Jacob Candelaria and state Representative G. Andres Romero sponsored SB 121,[34] which would ban sexual orientation change efforts (conversion therapy) on minors. The New Mexico Senate approved the bill on February 16, 2017 by a 32–6 vote, and the New Mexico House of Representatives concurred on March 15, 2017 by a 44–23 vote. The bill was signed by Governor Susana Martinez on April 7, 2017.[35] The law went into effect immediately.

Public opinion

A 2017 Public Religion Research Institute poll found that 63% of New Mexico residents supported same-sex marriage, while 30% were opposed and 7% were unsure.[8] Additionally, 73% supported the anti-discrimination law covering sexual orientation and gender identity. 20% were opposed.

Summary table

Same-sex sexual activity legal Yes (Since 1975)
Equal age of consent Yes
Anti-discrimination laws in all areas Yes (Since 2003 for both sexual orientation and gender identity)
Same-sex marriages Yes (Since 2013)
Recognition of same-sex couples Yes
Stepchild adoption by same-sex couples Yes
Joint adoption by same-sex couples Yes
Lesbian, gay and bisexual people allowed to serve openly in the military Yes (Since 2011)
Gender-neutral bathrooms Yes (Effective on July 1, 2019)[36]
Right to change legal gender Yes (Since 1984, but requires sex reassignment surgery - to be repealed on July 1, 2019)[31][32]
Third gender option Yes (Effective on July 1, 2019)[37][32]
Access to IVF for lesbians Yes
Conversion therapy banned on minors Yes (Since 2017)
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood Yes/No (1 year deferral period; federal policy)


References

  1. ^ [1]
  2. ^ "New Mexico Sodomy Law". Hrc.org. Archived from the original on 2013-11-03. Retrieved 2013-11-02. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  3. ^ Albo, Mike (January 12, 2011). "Gayest Cities in America February 2011". Advocate.com. Retrieved August 29, 2015.
  4. ^ "Welcome to gay friendly Santa Fe". Gay New Mexico. Retrieved 2015-08-29.
  5. ^ "Welcome to gay friendly Albuquerque". Gay New Mexico. Retrieved 2015-08-29.
  6. ^ "LGBT". Visit Albuquerque. 2013-12-19. Retrieved 2015-08-29.
  7. ^ "abqpride.com". Retrieved 2015-08-29.
  8. ^ a b PRRI American Values Atlas, New Mexico
  9. ^ A Glimpse Into The Diné Gender System And Two Spirit People
  10. ^ Two-Spirit and Okiciyap
  11. ^ The History of LGBT Rights in New Mexico
  12. ^ Albuquerque Journal: Susan Montoya Bryan, "Same-Sex Couples Line Up in Sandoval County To Get Married ," February 20, 2004 . Retrieved April 2, 2011
  13. ^ Arthur S. Leonard, Homosexuality and the Constitution, vol. 4 Homosexuality and the Family (NY: Garland, 1997), 175, available online. Retrieved April 9, 2011
  14. ^ Democracy for New Mexico. "Attorney General Gary King Issues Opinion Supporting Recognition of Out-of-State Same-Sex Marriages". Democracyfornewmexico.com. Retrieved March 27, 2011.
  15. ^ Terrell, Steve (January 5, 2011). "AG: Other states' same-sex marriages valid in N.M." Santa Fe New Mexican. Archived from the original on July 16, 2011. Retrieved March 27, 2011. {{cite news}}: Unknown parameter |dead-url= ignored (|url-status= suggested) (help)
  16. ^ Blake, Aaron (December 19, 2013). "New Mexico Supreme Court legalizes gay marriage". Washington Post. Retrieved December 29, 2013.
  17. ^ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees". Retrieved April 16, 2011
  18. ^ "SB 503". New Mexico Legislature.
  19. ^ Human Rights Campaign: New Mexico Adoption Law Archived 2012-07-25 at the Wayback Machine, accessed April 9, 2011
  20. ^ The Advocate: Neal Broverman, "A Win for Gay Mothers in New Mexico," June 2, 2012, accessed June 4, 2012
  21. ^ HRC: New Mexico Non-Discrimination Law Archived 2012-03-11 at the Wayback Machine, accessed June 3, 2012
  22. ^ "NM court upholds gay discrimination ruling". Huffington Post. June 5, 2012. Retrieved March 21, 2014.
  23. ^ Justin, Snow (August 22, 2013). "New Mexico Supreme Court rules photographer cannot deny services to same-sex couple". Metro Weekly. Retrieved August 22, 2013. Elane Photography, LLC v. Willock, 309 P.3d (N.M. 2013).
  24. ^ Wolf, Richard (April 7, 2014). "Supreme Court won't hear case on gay wedding snub". USA Today. Retrieved April 7, 2014. Elane Photography, LLC v. Willock, 134 S.Ct. 1787 (U.S. 2014).
  25. ^ "SB 227, Additional Unlawful Discrimination Practices". New Mexico Legislature.
  26. ^ "Hate Crimes Law Passage Important for New Mexico". ADL. March 24, 2003.
  27. ^ "New Mexico". GayLawNet.
  28. ^ "SB 288, Safe Schools for All Students Act". New Mexico Legislature.
  29. ^ Robinson, Charlotte (March 15, 2019). "New Mexico Passes Safe Schools Act". Outake.
  30. ^ New Mexico National Center for Transgender Equality
  31. ^ a b "SB 20, Sex Designation On Vital Records". New Mexico Legislature.
  32. ^ a b c "Gender identity bill moves to the governor's desk". KRQE.
  33. ^ "HB 388". New Mexico Legislature.
  34. ^ 2017 Regular Session - SB 121
  35. ^ "Martinez signs bill on conversion therapy; vetoes gun ban for restraining orders, minimum wage". KOB. April 7, 2017.
  36. ^ [2]
  37. ^ Jackman, Josh (January 31, 2019). "New Mexico may be about to add a third gender to birth certificates". Pink News.
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