The legislature’s Facilities Review Subcommittee voted last week to convert a shower into a gender-neutral restroom and build a dedicated lactation room on the fourth floor of the New Mexico State Capitol. The project will also include an adult changing table for people with disabilities.
But Senate Republican Leader Bill Sharer (R-Farmington) said in a press release that the new facility “accomplishes absolutely nothing for the safety and protection of women” and called for a policy change barring transgender women from using women’s restrooms at the Capitol.
“This addition would not have been necessary if the capitol’s progressive policies had not permitted biological males to use the existing women’s restroom, leading to numerous complaints by female employees and lawmakers during this spring’s legislative session,” Senate Republicans said in the press release.
Democratic legislative leaders dismissed the Republican concerns as “manufactured political controversy.” In a joint statement, House Speaker Javier Martínez (D-Albuquerque) and Senate President Pro Tem Mimi Stewart (D-Albuquerque) said that “transgender people have been using restrooms consistent with their gender identity for decades without incident and existing laws already protect people in public spaces.”
“State lawmakers have real work to do to make life better for the people of New Mexico and help protect them from the devastating impacts of President Trump’s Big Brutal Bill, which will make life harder and more expensive for all of us,” they said in the statement. “Policing public restrooms does not help New Mexicans who are worried about losing their healthcare, struggling to keep food on their tables, and keep up with rising costs.”
The $80,000 project will convert a dual shower and lactation room into the new restroom while also creating a separate, dedicated lactation room on the fourth floor where the governor’s office is located.
The Capitol controversy occurs against the backdrop of New Mexico’s comprehensive protections for LGBTQ+ people. The state has some of the strongest transgender rights laws in the nation, including:
– A 2019 law requiring all businesses and public facilities with single-occupancy restrooms to mark them as gender-neutral
– A 2023 law prohibiting government entities from restricting access to gender-affirming care
– Comprehensive anti-discrimination protections in employment, housing and public accommodations
– State employee benefits that include transgender-inclusive health coverage
New Mexico is surrounded by states with restrictive transgender policies, making it what advocates call a “sanctuary state” for transgender people seeking refuge from anti-LGBTQ+ laws in Texas, Oklahoma, Arizona and Utah.
The Facilities Review Subcommittee is part of the Legislative Council, which oversees legislative operations between sessions. The committee’s approval of the restroom project does not constitute a policy change regarding transgender employees’ bathroom access.
“Everyone deserves to feel safe and secure when they use the restroom; this is not an issue of inclusivity. This is purely a matter of women’s safety. Publications show that over half of all New Mexicans have reported being the victim of sexual abuse. It is wrong to subject women to traumatic and potentially dangerous situations for the sake of placating to a fringe minority,” Sharer said. “Peeing should not be partisan, but a small group of activists have forced this on the women of New Mexico. The State Capitol Building must serve as a role model for the state and adopt a new policy that benefits and protects everyone. In the meantime, Republicans will continue to support and protect all New Mexican women.”
The controversy highlights ongoing tensions over transgender rights even in states with protective laws. While New Mexico has enacted some of the nation’s strongest LGBTQ+ protections, Republican lawmakers continue to challenge policies they view as prioritizing transgender rights over women’s concerns.
The new restroom is expected to be completed before the next legislative session begins in January 2026.
Sharer is WRONG! His proposal is bigoted, and perpetuates a false mythology of just who is a threat to women. Transwomen want only to live their lives in peace as all women do. The true threat to women is men who claim to “protect” is when *they* are the ones who threaten and violate our safety and autonomy!
As far as I know all women’s restrooms have private stalls. Are the people who are so concerned and bothered peeking through the doors?