Thanks to decades of organizing by LGBTQ+ communities, organizations, and allies, New Mexico is currently considered one of the most protected states for LGBTQ+ individuals in the country, with robust anti-discrimination laws and policies in place.
In New Mexico...
- You have the right to seek health care to affirm your gender identity.
- You have the right to make your own confidential decisions about sexual and reproductive health care, including the right to get tested or treated for STIs.
- NO public accommodation, including publicly funded organizations (for example, a school, homeless shelter, or health center) can discriminate against you based on your gender identity, sex or sexual orientation.
- NO public body, like a school or city council, can discriminate against you for accessing or seeking gender-affirming care or reproductive health care.
- Conversion therapy for minors is prohibited in New Mexico.
- Your right to marry is protected federally and by the state.
In Public:
In New Mexico, our Human Rights Act prohibits any public accommodation (like a grocery store or hotel) or any entity that receives public funding (for example, public schools, health centers, & shelters) from discriminating against you because of your gender identity or sexual orientation. The Human Rights Act also protects against discrimination in employment, housing, and accessing credit.
Also, as of 2019, any business or public facility in New Mexico that has single-occupancy restrooms MUST allow you to use these regardless of your gender identity.
In Schools:
LGBTQ+ students have rights protected at both the state and federal levels, particularly at institutions that receive public funding like public and charter schools.
For example, publicly funded schools and districts must protect students against bullying and harassment and respect your gender identity, gender-affirming name, and pronouns (even if these are not reflected in a legal document). LGBTQ+ students must also be allowed to participate in school events fully and equally, including bringing same-sex dates to dances and playing sports.
Students at private schools may have similar protections under their school policies but may also have fewer rights than public school students if their school does not receive public funding. Checking your school’s handbook is a good way to start learning about what protections you have on campus!
For more information on your specific rights as a student, including your right to privacy, visit our Know Your Rights page for student privacy rights here.
When Accessing Health Care:
In New Mexico, hospitals and health care centers cannot discriminate against you because of your gender identity or sexual orientation.
Gender-Affirming Care:
New Mexico provides specific protections for gender affirming care. Public bodies like schools, city & county governments, and public health centers cannot interfere with your decision to seek gender affirming care. New Mexico also protects providers, patients, and those who support them from criminalization, harassment, and intimidation. For more information on these specific protections, visit our Know Your Rights page for gender-affirming care here.
Private/Religious Health Care:
Your ability to access care may be different at a private religious hospital or center. For example, Catholic hospitals, health centers, and their employees must follow a set of rules called the Ethical & Religious Directives, or ERDs. These are religious policies that prohibit health care providers from offering any type of care deemed ‘immoral’ by the Catholic Church, which restricts access to full spectrum reproductive health care (contraception, sterilization, fertility support and abortion care, even in emergencies), end-of-life care, and LGBTQ+ health care, including gender affirming care. The ACLU and our partners strongly oppose the use of these policies to deny access to health care.
