The Martinez/Yazzie Lawsuit
I’ve lived in Los Lunas for most of my life, with the exception of my college years, but I’ve also had the blessing of traveling across much of the United States—not just quick airport layovers, but true “Great American Road Trips.” Those experiences have given me perspective, and I can say with confidence that New Mexico is one of the most unique places in this country. Our state’s history hasn’t always been easy, but we’ve built a society that preserves the best parts of our heritage while still looking forward with hope.
When our state constitution was first drafted, it included protections to ensure that Hispanic students would always have access to a free, equal, and equitable public education. A century later, those protections were reinforced through the Hispanic Education Act, signed into law by Governor Bill Richardson in 2010.
Unfortunately, Native American students were not given the same protections when our state constitution was written. That gap was addressed much later through the Indian Education Act of 2003, which affirms the right of Native American students to a free, equal, and equitable public education.
As a native New Mexican, I’ve had the privilege of learning from both of these beautiful cultures. But through my travels, I’ve also seen the painful effects of cultural whitewashing. One summer, while working as a camp counselor in northern Minnesota, I visited an event hosted by a local Native American tribe. Curious about their heritage- especially so far from our pueblos- I spoke with several participants. What struck me was that they couldn’t share the history or symbolism behind their traditions; much of that knowledge had been lost to time. They continued the practices simply because they had always done so. I remember feeling such sadness in that moment, because I knew the immense value of what had slipped away.
New Mexico has taken active steps through legislation to ensure the preservation of our diverse cultures and heritage, with public schools playing a central role in maintaining languages, traditions, and histories. One key measure is the Bilingual Multicultural Education Act of 1973 (recodified in 1978 and updated in 2003), which requires school districts to develop and implement bilingual multicultural education programs and provides funding to support them. This Act reflects the legislature’s recognition that cultural and linguistic preservation is an essential part of an equitable public education system.
But as significant as these measures are, the state has not fully met its obligations. This was confirmed in the final judgment of Martinez, Yazzie, et al. v. State of New Mexico, the New Mexico Department of Education, and the New Mexico Secretary of Education in 2018, following a four-year legal battle.
In the Martinez/Yazzie lawsuit—as it has come to be known—data from our own school district demonstrated that the state, particularly the Public Education Department (PED), had fallen short in providing an equal and equitable education. This affected not only Hispanic and Native American students, but also English-language learners and students with disabilities. Specifically, the state failed to:
Provide a clear framework outlining the educational standards necessary to ensure students received an education inclusive of their cultures, as required by the Hispanic Education Act, the Indian Education Act, and the Bilingual and Multicultural Education Act.
Ensure that funding allocated for these purposes was spent appropriately.
Judge Sarah Singleton further ruled that while public education was severely underfunded across the state, that circumstance did not excuse noncompliance with existing laws.
After their original legal victory, the Martinez and Yazzie plaintiffs returned to court in October 2019, presenting evidence that the state had not taken steps to comply with its own laws. In March 2020, in response to the COVID-19 pandemic, the state of New Mexico filed to dismiss the case, claiming it had met the court’s requirements. The case was not dismissed. In 2021, the court ordered improvements to technology and internet access, directing the state to develop a plan to ensure all students had the devices and connectivity necessary for remote learning during the pandemic.
In 2023, both the Public Education Department and the Legislative Finance Committee released reports documenting progress, including increased funding, policy updates, and a renewed emphasis on community engagement to achieve the goals established by the Martinez/Yazzie case.
In September 2024—ten years after the initial lawsuit was filed—plaintiffs submitted another motion of non-compliance. Judge Matthew Wilson agreed and issued a court order requiring the state to develop a plan to ensure progress is made and tracked. The plan must be completed and filed with the court by November 3, 2025.
Over the summer, the Public Education Department (PED) held a series of town hall meetings to gather input from communities across the state on how best to fulfill its obligations under the court order. As of now, the PED has not released any additional information regarding the plan.
I am eager to see the plan the state will put forward to meet its obligations to students. Regardless of the court’s requirements, I hope we can create policies, practices, and standards that go beyond compliance- so that our cultural heritage is preserved and passed on to future generations. On a personal level, I am learning Spanish (Yo necesito practicar!) and hope one day to learn Tewa as well, though I don’t currently have access to a teacher. I also try to preserve and share stories through my photography; documenting people, places, and traditions is one small way to help keep our languages, histories, and customs alive.
Works Cited
Bilingual Multicultural Education Act. New Mexico Public Education Department, 2024. PDF file. https://web.ped.nm.gov/wp-content/uploads/2024/12/Article23-BilingualEducationLaw.pdf. Accessed 1 Sept. 2025.
Constitution of the State of New Mexico. State of New Mexico, New Mexico Compilation Commission, 2025. PDF file. New Mexico Secretary of State. https://www.sos.nm.gov/wp-content/uploads/2025/01/NM_Constitution_-2025-for-SOS.pdf. Accessed 1 Sept. 2025.
Indian Education Act. New Mexico Public Education Department, 2025. PDF file. https://web.ped.nm.gov/wp-content/uploads/2025/01/NM-Indian-Education-Act.pdf. Accessed 1 Sept. 2025.
The Hispanic Education Act. New Mexico Public Education Department, 2025. PDF file. https://web.ped.nm.gov/wp-content/uploads/2025/01/Hispanic-Education-Act.pdf. Accessed 1 Sept. 2025.
Diego Lopez. "Pursuit of Educational Equity: The Yazzie-Martinez Impact." New Mexico Education, 20 July 2023. https://nmeducation.org/the-yazzie-martinez-impact/. Accessed 1 Sept. 2025.
Trujillo, Linda M., and David G. Hinojosa. The Indian Education Act After Martinez/Yazzie. © Walsh Gallegos, 2019. PDF file. New Mexico School Boards Association. https://www.nmsba.org/wp-content/uploads/2019/03/The-Indian-Education-Act-After-Yazzie-Martinez.pdf. Accessed 1 Sept. 2025.
Yazzie/Martinez vs. State of New Mexico. New Mexico School Boards Association, Dec. 2019. PDF file. https://www.nmsba.org/wp-content/uploads/2019/12/Yazzie-Martinez-Lawsuit-Update.pdf. Accessed 1 Sept. 2025.
Romero, Leah. "Judge sides with plaintiffs in Yazzie/Martinez NM education equity case." Source New Mexico, 29 Apr. 2025. https://sourcenm.com/2025/04/29/judge-sides-with-plaintiffs-in-yazzie-martinez-nm-education-equity-case/. Accessed 1 Sept. 2025.