- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Censorship of LGBT issues in New Mexico is no censorship.
Current status
No censorship
No law currently censors LGBT topics in New Mexico.
Right to change legal gender in New Mexico is legal, no restrictions.
Current status
Since Jun 15, 2019
Legal, no restrictions
New Mexican born residents can request to change their legal gender marker. Surgery is not required.
Gender-affirming care in New Mexico is legal.
Current status
Legal
Under HB 7 in New Mexico Adults and Minors with parental consent are able to get gender affirming care. This also protects out of state people who need gender affirming care.
Legal recognition of non-binary gender in New Mexico is recognized.
Current status
Since Oct 29, 2019
Recognized
New Mexico allows gender neutral gender options
LGBT discrimination in New Mexico is illegal.
Current status
Since Jul 1, 2003
Illegal
People are protected from discrimination based upon both sexual orientation and gender identification.
LGBT employment discrimination in New Mexico is sexual orientation and gender identity.
Current status
Since Jul 1, 2003
Sexual orientation and gender identity
State law provides for protections against employment discrimination in regards to both sexual orientation and gender identification.
LGBT housing discrimination in New Mexico is sexual orientation and gender identity.
Current status
Since Jul 1, 2003
Sexual orientation and gender identity
This state explicitly bans housing discrimination based upon sexual orientation and gender identification.
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in New Mexico is legal.
Current status
Legal
Any individual approved suitable by the court is allowed to adopt.
Intersex infant surgery in New Mexico is not banned.
Current status
Not banned
New Mexico lawmakers have made no known attempts to ban intersex infant surgery and the practice remains legal statewide.
Serving openly in military in New Mexico is legal.
Current status
Since Mar 18, 2025
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in New Mexico is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in New Mexico is banned.
Current status
Since Apr 6, 2017
Banned
Ban Passed by Senate Committee of New Mexico.
Until Apr 6, 2017
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
Equal age of consent in New Mexico is equal.
Current status
Since 2006
Equal
Age of consent law in New Mexico does not discriminate against non-heterosexual sex.
United States Equality Rank
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#11 Oregon83
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#12 Illinois83
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#13 Minnesota82
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#14 New Mexico82
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#15 Maryland82
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#16 California81
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#17 Colorado81
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