"...if you run a business that offers its goods, services or facilities to the public, you are likely to fall under the “public accommodation” provision the New Mexico Human Rights Act, which prohibits discrimination in such places."
From the NM State Bar: "The New Mexico Human Rights Act (NMHRA)
In New Mexico, the Human Rights Act, which covers employers with four or more employees, broadens the prohibited distinctions to include ancestry, physical or mental handicap and age discrimination directed at persons in all age groups. The NMHRA now also prohibits discrimination based on sexual orientation and gender identity. The NMHRA also now specifically prohibits discrimination based on genetic predisposition. The New Mexico Human Rights Commission administers the NMHRA.
Additionally, the State Human Rights Act extends protection against discriminatory practices of proprietors of public accommodations and in some cases to private individuals."
From the 2003 version of the law (it was expanded in 2004, but I can't find the wording, and this is actually the House version, since I can't find the finished law):
"public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment [which] that is by its nature and use distinctly private;
P. "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived; and
Q. "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth."
It makes it illegal for "any person in any public accommodation to make a distinction, directly or indirectly, in offering or refusing to offer its services, facilities, accommodations or goods to any [individual] person because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation or physical or mental handicap, provided that the physical or mental handicap is unrelated to [an individual's] a person's ability to acquire or rent and maintain particular real property or housing accommodation;"
There are some limits - looking at it, I suspect I would be allowed to discriminate if I converted a couple of bedrooms of the house I was living in, but not if it involved a separate house.
I'm not a lawyer, but if someone in New Mexico wants to refuse service to someone because they look homosexual, or transgendered - you probably ought to talk to a lawyer first.
There are some limits - looking at it, I suspect I would be allowed to discriminate if I converted a couple of bedrooms of the house I was living in, but not if it involved a separate house.
Thanks for the research and the information. I am not a citizen of NM, so I find this both fascinating and frightening.
Are you aware of any court tests of the constitutionality of any of the various elements of this oh-so-sad-excuse for legislation?
For the state (at any level) to insinuate itself into commercial transactions in the name of Political Correctness is both ridiculous and dangerous, IMO.
I am not familiar with NM law, and will only say this...the people get that government for which they vote.
I’ll strike NM from my vacation list, despite the natural beauty I found there on my last trip, some years back.