LGBTQ+ students often have a much tougher time in school and are more likely to suffer from depression and anxiety than their straight peers. Even in states like New Mexico, with progressive laws protecting LGBTQ+ students, the majority of LGBTQ+ students report harassment and bullying at school. Most concerning, only 25% of these students reported the harassment, and of those who reported it, only 21% said the report led to an effective intervention. Further, LGBTQ+ students are more likely to face discipline than their straight peers. LGBTQ+ students in New Mexico report being disciplined for the most basic types of expression—use of a chosen name and pronoun, speaking or writing on LBGTQ+ issues, or showing public displays of affection. These students often need to take legal action to enforce the rights that state law purports to provide. While this is frustrating, New Mexico students can seek assistance enforcing rights.
The Lento Law Firm is a Nationwide Student Defense Firm
The Lento Law Firm is a nationwide team of experienced education attorneys who are dedicated to representing students in New Mexico. Our firm has extensive experience in advocating for students with issues related to sexual orientation and gender identity, both at the secondary school level and in college or university. We are here to support you and ensure that your rights are protected.
If you have faced discipline because of your LGBTQ+ status, the Lento Law Firm Student Defense Team can provide a defense and assert your rights to a fair process. If you have endured harassment or a hostile environment, the Lento Law Firm can assist you in asserting your rights under New Mexico and federal law. Call 888.535.3686 or provide your details online, and we will contact you.
LGBTQ+ Students Rights in New Mexico.
In 2023, Governor Grisham signed the Human Rights Modernization Act, which amended the New Mexico Human Rights Act to include expansive protections for LGBTQ+ students. This law compels publicly funded schools to respect students' gender identity, gender-affirming names, and chosen pronouns. In 2019, the New Mexico legislature passed the Safe Schools for All Students Act, an anti-bullying law that protects LGBTQ+ students. The law forces school districts to protect students from bullying and harassment and take effective action after a student's complaint. Under these laws, the school or district is prohibited from limiting the rights of LGBTQ+ students to participate fully and equally in school, including school social functions and extracurricular athletics.
If a school or district discriminates against an LGBTQ+ student or fails to take action to protect an LGBTQ+ student, the student may make a claim under the NM Human Rights Act. The Human Rights Act provides less expansive protections to students in private schools that do not receive state funding, but consult with the Lento Law Firm before assuming that you lack protections under the Act.
While many states passed laws limiting LGBTQ+ rights in 2023-24, the NM Legislature strengthened the protections in the Human Rights Act. The Lento Law Firm understands that NM is a diverse state and that some leaders were opposed to the Act and were upset as to the legal protections for LGBTQ+ students. However, if you face discrimination and harassment at a public school in NM, it does not matter whether you are in Otero County or Taos County. You have the right to a safe and affirming environment at school under New Mexico law.
Common Issues for LGBTQ+ Middle and High School Students
Students in New Mexico's schools and school districts report some of the following issues:
- Being prevented from using chosen names or pronouns, using an appropriate bathroom or locker room, or playing on a sports team of their gender.
- Discipline for public displays of affection (where straight students are not disciplined for similar behavior), wearing particular clothing, or simply identifying as LGBTQ+.
- Harassment and bullying for LGBTQ+ status, often with school officials failing to take action.
- Restriction from discussing LGBTQ+ issues in assignments or other forms of expression.
Common Issues for LGBTQ+ College Students
LGBTQ+ students in colleges and universities in New Mexico face many challenges, including:
- A lack of access to gender-appropriate bathrooms, dorm spaces, and other facilities.
- Harassment and physical assault, sometimes without an effective response from the university.
- Discipline or punishment for speaking out on LGBTQ+ issues or facing slurs and hate speech.
The above lists are not exhaustive; whatever issues you or your student are facing, the Lento Law Firm can help.
Remedies for LGBTQ+ Harassment and Discrimination in New Mexico
Complaining of Discrimination in New Mexico Schools
If you have faced discrimination in your school or school district, you may file a complaint under the New Mexico Human Rights Act. New Mexico courts have made it clear that NM public schools and districts can face complaints for discrimination to the New Mexico Human Rights Bureau. Additionally, 2023 amendments to the NM Human Rights Act leave no questions that students may make claims that the school district failed to take steps to end discrimination and harassment. Students may also proceed to the district court under the Act but should file a complaint first with the Bureau since this may be necessary to make some court claims later. Claims made under the New Mexico Human Rights Act must be filed relatively quickly, so don't wait to contact an attorney and get an administrative complaint(i.e., a complaint with the Bureau) filed.
New Title IX Rules Ban Discrimination of LGBTQ+ Students in New Mexico
Title IX is an expansive federal law prohibiting discrimination by US schools and colleges and universities that receive federal funding (the majority of schools, colleges, and universities). The Biden Administration released updated Title IX Rules in April 2024. These rules are the focus of several challenges in court by various states, provide protections for discrimination and harassment based on gender identity and sexual harassment. (The US DOE had, prior to the release of the rules, interpreted Title IX to include protections based on gender identity and orientation, and the new rules make this unambiguous and explicit.)
Because of the substantial number of state challenges to the new rules, Title IX will likely be a dynamic and evolving area of the law for some time. If you have questions about Title IX enforcement in NM, contact the Lento Law Firm. The Lento Law Firm are some of the most experienced Title IX attorneys in the country and can provide current advice and counsel.
The New Rules Broaden the Definition of Harassment
New Title IX rules broaden the definition of a hostile environment from the prior law and no longer require harassment to be both severe and pervasive. If you face bullying and harassment based on your LGBTQ+ status, the Title IX process may provide relief and a remedy under the new rules. The experienced Title IX lawyers at the Lento Law Firm can give up-to-date advice and advocacy. Please note that Title IX may cover some students not covered by NM anti-bullying and harassment provisions.
New Mexico Law Prohibits Retaliation For Asserting Equal Rights for LGBTQ+ Students
It is an “unlawful discriminatory practice” to retaliate against someone for filing a complaint or complaining of discrimination under the NM Human Rights Act. The Act also prohibits retaliation for testifying or participating in a proceeding or complaint. If you complain about LGBTQ+ discrimination in New Mexico and your school or teacher retaliates against you, you have a claim for retaliation under the NM Human Rights Act and can make an additional claim for discrimination with the Human Rights Bureau on that basis. Retaliation can be subtle, but it's a good idea to immediately report any suspected retaliatory acts to your attorney.
How an Education Law Attorney Can Help LGBTQ+ Students in New Mexico
While New Mexico lawmakers have been outspoken in supporting and passing legislation to protect LGBTQ+ students, not all school districts will follow these laws and regulations. Some school districts may need a push to fully comply with these new laws, particularly in an environment nationally that is so toxic to transgender and gay students. If you are a student or the parent or guardian of a student facing LGBTQ+ issues, the Lento Law Firm can help. We are experienced education attorneys who can defend your student's rights. If the school district has taken action against your student and is seeking discipline, the Lento Law Firm can represent your student and defend against any academic, sexual, or other misconduct allegations, as well as any claim of retaliation.
Whether you are from Albuquerque, Las Cruces, Santa Fe, Silver City, or elsewhere in New Mexico, the Lento Law Firm Student Defense Team can help you protect yourself and assert your rights. Call 888.535.3686 or provide your details online, and we will contact you.
