2019 New Mexico Statutes
Chapter 28 - Human Rights
Article 22 - Religious Freedom Restoration
Section 28-22-1 - Short title.
Sections 1 through 5 [28-22-1 to 28-22-5 NMSA 1978] of this act may be cited as the "New Mexico Religious Freedom Restoration Act".
History: Laws 2000 (2nd S.S.), ch. 17, § 1.
ANNOTATIONSEffective dates. — Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
The New Mexico Religious Freedom Restoration Act does not apply to actions between private parties. — Where plaintiff offered wedding photography services to the general public; plaintiff's business was a public accommodation under the Human Rights Act, Section 28-1-1 NMSA 1978 et seq.; plaintiff refused to photograph a same-sex commitment ceremony between defendant and defendant's partner on religious grounds, defendant filed a discrimination complaint against plaintiff with the human rights commission; and the human rights commission determined that plaintiff had violated the act by discriminating against defendant on the basis of defendant's sexual orientation, the New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq., did not apply to the enforcement of the Human Rights Act by the commission, because the commission acted as an administrative tribunal, not as a party to the suit between plaintiff and defendant as private parties. Elane Photography, LLC v. Willock, 2013-NMSC-040, aff'g 2012-NMCA-086, 284 P.3d 428.
The New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq. applies only in cases that involve a governmental agency as a adverse party. Elane Photography, LLC v. Willock, 2012-NMCA-086, 284 P.3d 428, cert. granted, 2012-NMCERT-008.
The act does not apply in cases that involve non-governmental parties. — Where defendant filed a discrimination claim with the human rights commission alleging that plaintiff violated the Human Rights Act, Section 28-1-1 NMSA 1978 et seq., by refusing on religious and moral grounds to photograph defendant's commitment ceremony with defendant's same-sex partner; and plaintiff claimed that the act violated plaintiff's freedom of religion because the act forced plaintiff to photograph same-sex marriages in violation of plaintiff's owner's religious belief that marriage is the union of one man and one woman, the New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq., did not apply to the litigation between plaintiff and defendant because neither party was a governmental agency. Elane Photography, LLC v. Willock, 2012-NMCA-086, 284 P.3d 428, cert. granted, 2012-NMCERT-008.
