New Mexico LGBTQ+ advocates prepare for Trump presidency

As former President Donald Trump prepares to take office, LGBTQ+ advocates in New Mexico are preparing for the administration’s potential impact on Queer and transgender rights in the state.

New Mexico is considered one of the most protected states in the country for LGBTQ+ people, according to the American Civil Liberties Union of New Mexico. The state’s Human Rights Act prohibits discrimination based on sexual orientation and gender identity. The Act was updated during the 2023 legislative session, extending its scope and expanding definitions.

New Mexico law cannot supersede federal law, according to Marshall Martinez, executive director of Equality New Mexico — an LGBTQ+ policy and civil rights organization. But some potential Trump administration measures do not involve federal law and would not supersede New Mexico’s protections for LGBTQ+ people, Martinez said.

At the federal level, the Trump administration may rescind anti-discrimination Department of Labor rules passed by President Joe Biden or former President Barack Obama, according to Martinez.

If the Trump administration takes this step, New Mexico’s Human Rights Act will still apply to New Mexico employers, Martinez said.

“The attack that I think we will see and hear that will actually be most confusing for folks is the idea, at the federal government, that it is ok again to discriminate in employment or housing or whatever, and New Mexico law will still say it is not,” Martinez said. “When you are doing business in New Mexico, you have to abide by New Mexico law.”

However, New Mexico law cannot govern the military or federal employees, Martinez said.

In terms of preparedness and the upcoming state legislative session — where EQNM will lobby — Martinez said New Mexico already has the basic protections for LGBTQ+ people in place.

In a statement to the Daily Lobo, New Mexico Gov. Michelle Lujan Grisham wrote that the state has worked to ensure its laws reflect fundamental equality and human rights principles.

“If the Trump administration acts to undermine these protections, we will push back in court,” Lujan Grisham wrote. “While we cannot predict the future, we are committed to doing everything in our power to protect the rights of LGBTQ New Mexicans. This is not a time for complacency.”

EQNM is evaluating the laws New Mexico has passed in the last five years to ensure that they are as strong as possible, Martinez said. If they are not, he said the organization will work to amend them.

Trump will be inaugurated on Jan. 20, 2025. The New Mexico legislative session begins the following day.

Within a week of the session, EQNM and legislators will see a series of executive orders, public statements and proposed policies that Trump lays out, according to Martinez. Then, EQNM will further engage, he said.

“We’re not just going to wait and see what happens,” Martinez said. “We’re preparing, but we’re also not acting until we have a reason to.”

At the University of New Mexico, Juniper Reimagined — a Queer and trans student alliance — will continue to provide a place of solidarity in January 2025, while thinking about the most effective forms of advocacy, co-Chair Amy Lewis said.

“There have been challenges before, and there are gonna be challenges,” Lewis said. “It might get harder, but I think we already have that foundation of just being a place of support and community.”

Martinez said now is not the time for Queer and trans people to panic, but to take care of themselves and their communities.

“We don’t want to hypothesize about what the Trump administration will do in a way that scares the LGBTQ community for no reason,” Martinez said. “When we see what the attack is, we will be ready to meet it at the state level and do everything to push back on it.”

Lily Alexander is the editor-in-chief of the Daily Lobo. She can be reached at editorinchief@dailylobo.com or on X @llilyalexander

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