LGBT rights in New Mexico: Difference between revisions
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'''Lesbian, gay, bisexual, and transgender (LGBT)''' persons in the [[United States|U.S.]] state of '''New Mexico''' face some legal challenges not experienced by non-[[LGBT]] residents. Same-sex sexual activity is legal in [[New Mexico]]. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples. |
'''Lesbian, gay, bisexual, and transgender (LGBT)''' persons in the [[United States|U.S.]] state of '''New Mexico''' face some legal challenges not experienced by non-[[LGBT]] residents. Same-sex sexual activity is legal in [[New Mexico]]. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples. |
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==Law regarding same-sex xexual activiti== |
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==Laws against homosexuality== |
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New Mexico repealed its sodomy law in 1975.<ref>[http://www.hrc.org/ |
New Mexico repealed its sodomy law in 1975.<ref>[http://www.hrc.org/laws-and-legislation/entry/new-mexico-sodomy-law New Mexico Sodomy Law]</ref> |
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==Recognition of same-sex relationships== |
==Recognition of same-sex relationships== |
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==Adoption and parenting== |
==Adoption and parenting== |
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New Mexico allows single persons to adopt children. The state has no explicit prohibition on adoption by same-sex couples or second-parent adoptions.<ref>Human Rights Campaign: [http://www.hrc.org/ |
New Mexico allows single persons to adopt children. The state has no explicit prohibition on adoption by same-sex couples or second-parent adoptions.<ref>Human Rights Campaign: [http://www.hrc.org/laws-and-legislation/entry/new-mexico-adoption-law New Mexico Adoption Law], accessed April 9, 2011</ref> |
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==Discrimination protection== |
==Discrimination protection== |
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Following the passage of ''An Act Relating to Human Rights'', New Mexico law protects 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.<ref>[http://www.hrc.org/ |
Following the passage of ''An Act Relating to Human Rights'', New Mexico law protects 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.<ref>[http://www.hrc.org/laws-and-legislation/entry/new-mexico-non-discrimination-law1 New Mexico Non-Discrimination Law]</ref> |
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==Hate crime== |
==Hate crime== |
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State law covers hate crimes based on gender identity and sexual orientation.<ref>[http://www.hrc.org/ |
State law covers hate crimes based on gender identity and sexual orientation.<ref>[http://www.hrc.org/laws-and-legislation/entry/new-mexico-hate-crimes-law New Mexico Hate Crimes Law]</ref> |
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==References== |
==References== |
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Revision as of 16:56, 2 February 2012
LGBT rights in New Mexico | |
|---|---|
 New Mexico (US) | |
| Status | Legal since 1975 |
| Discrimination protections | yes |
| Family rights | |
| Recognition of relationships | No |
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of New Mexico face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in New Mexico. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
Law regarding same-sex xexual activiti
New Mexico repealed its sodomy law in 1975.[1]
Recognition of same-sex relationships
State marriage laws do not explicitly require married couples to be of different genders, and state courts have not ruled on the question of same-sex marriage.[2] New Mexico recognizes no similar relation, such as civil unions or domestic partnerships. New Mexico recognizes out-of-state opposite-sex marriages that are valid in the jurisdiction where they are contracted.[3] In January 2011, the state Attorney General issued an opinion that valid same-sex marriages contracted in other states "would likely be valid in New Mexico"; however, the opinion does not have the force of law, so same-sex marriages remain unrecognized in New Mexico.[4][5]
New Mexico has provided benefits to same-sex partners of state employees since 2003.[6]
Adoption and parenting
New Mexico allows single persons to adopt children. The state has no explicit prohibition on adoption by same-sex couples or second-parent adoptions.[7]
Discrimination protection
Following the passage of An Act Relating to Human Rights, New Mexico law protects 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.[8]
Hate crime
State law covers hate crimes based on gender identity and sexual orientation.[9]
References
- ^ New Mexico Sodomy Law
- ^ Albuquerque Journal: Susan Montoya Bryan, "Same-Sex Couples Line Up in Sandoval County To Get Married ," February 20, 2004 , accessed April 2, 2011
- ^ Arthur S. Leonard, Homosexuality and the Constitution, vol. 4 Homosexuality and the Family (NY: Garland, 1997), 175, available online, accessed April 9, 2011
- ^ Democracy for New Mexico. "Attorney General Gary King Issues Opinion Supporting Recognition of Out-of-State Same-Sex Marriages". Democracyfornewmexico.com. Retrieved 27 March 2011.
- ^ Terrell, Steve (January 5, 2011). "AG: Other states' same-sex marriages valid in N.M." Santa Fe New Mexican. Retrieved 27 March 2011.
- ^ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
- ^ Human Rights Campaign: New Mexico Adoption Law, accessed April 9, 2011
- ^ New Mexico Non-Discrimination Law
- ^ New Mexico Hate Crimes Law
