Three Bills that Protect the Right to Read in New Mexico Libraries

For the first time in New Mexico, a set of bills has been introduced to protect your freedom to read in all types of libraries: public, school, and academic. These three bills are the result of months of teamwork among lawmakers, librarians, educators, authors, and advocates who believe that access to books isn’t just for a select few. It’s about our rights, equal opportunities for learning, and making sure our public spaces serve everyone.

Three Bills to Ensure the Right to Read in All New Mexico Libraries

HB26 Prohibiting Book Banning at Public Libraries
Sponsors - Rep. Kathleen Cates, Sen. Antoinette Sedillo Lopez, Rep. Patricia Roybal Caballero

This bill, titled "Prohibiting Book Banning At Public Libraries," aims to prevent public libraries in New Mexico from removing or excluding materials from their collections based on political or religious disapproval, or due to the race, sex, gender, sexual orientation, religion, nationality, or political affiliation of the author or intended audience. It establishes that such "book banning" is against the state's public policy. The bill requires public libraries to have a clear process for individuals to challenge materials they believe are obscene, unlawful, or don't fit the library's purpose. Furthermore, it prohibits any government entity from cutting a library's funding or retaliating against library staff for adhering to these provisions, particularly if a staff member refuses to remove materials based on a good-faith belief they are following the law. Libraries that violate these rules will lose eligibility for state funding, and the Library Division of the Cultural Affairs Department will be responsible for enforcing these new regulations.

SB45 Academic Library Management Policies
Sponsors - Senator Harold Pope, Senator Antoinette Sedillo Lopez, Rep. Kathleen Cates

This bill requires public post-secondary educational institutions in New Mexico to establish policies for managing their libraries and administering library programs and services, with a particular focus on protecting library resources from discriminatory removal or restriction. It defines "library resource" broadly to include various formats of educational materials, both physical and digital, and "library staff member" to encompass all personnel working in a library. The bill prohibits discrimination against the content or intended audience of a library resource based on protected characteristics such as race, sex, sexual orientation, religion, and national origin, and also forbids harassment related to these resources. Crucially, it outlines a specific, multi-step process for considering the removal, restriction, or discontinuation of a library resource, requiring a uniform process and standards adopted by the institution's governing board, with requests only initiated by students, and a minimum two-year waiting period between reconsideration attempts. Any final decision must be in writing, publicly accessible, and clearly explain the standards used and how they were applied. Furthermore, the bill mandates that institutions adopt written policies by September 1, 2026, covering the acquisition, retention, display, and use of library resources, as well as collection maintenance, ensuring these policies align with free speech protections under both the U.S. and New Mexico constitutions. Finally, it explicitly prohibits retaliation against library staff members for refusing to act on a removal request before a final decision is made or for making good-faith decisions they believe comply with the bill and institutional policies.

SB65 Management of Public School Libraries
Sponsors - Senator Antoinette Sedillo Lopez, Senator Harold Pope, Rep. Kathleen Cates

This bill requires school districts in New Mexico to establish policies for managing public school libraries and their programs, ensuring that decisions about library resources are not based on discriminatory factors like race, religion, or sexual orientation, and prohibiting harassment of authors or intended audiences. It outlines a specific process for considering the removal of any library resource, which can only be initiated by a student or their parent, and mandates that resources are reviewed as a whole against established standards, with final decisions documented and made public. Furthermore, the bill protects library staff members from retaliation for refusing to remove a resource before a final decision is made or for making good-faith decisions that align with the new policies, and all school boards must submit their written policies to the state department for approval by September 1, 2026, ensuring they comply with constitutional protections for speech.

Together, HB26, SB45, and SB65 create a plan for all New Mexico libraries. Libraries might be different, but they’re all connected. If censorship happens in one library, it can quickly spread to others. These bills help stop that by making sure each and wvery library stands for fairness, open process, and protection for the people who make our libraries work.

Because the 2026 legislative session is a short session, lawmakers can only take up issues that are included in the Governor’s official agenda. For HB26, SB45, and SB65 to receive hearings and full consideration, Governor Michelle Lujan Grisham must choose to place libraries, free expression, and readers’ rights on that agenda. The Governor has consistently expressed her opposition to book bans and her support for education, civil rights, and free expression. Please join the Freedom to Read New Mexico Coalition in sending messages to the Governor to place the right to read in all New Mexico libraries on the agenda. 

Send your message to the Governor today!