The future of affordable spay/neuter now hinges on a single judge’s decision.
Six years ago, New Mexico became the fourth state in the nation to adopt the most effective funding mechanism for affordable spay/neuter—one designed to address the heartbreaking and costly problem of dog and cat overpopulation.
By assessing a small annual fee on large pet food manufacturers that sell products and generate profits in our state, New Mexico now raises more than $1 million every year for the state spay/neuter program. The program uses these funds to deploy spay/neuter providers to underserved communities, saving animals’ lives and supporting families.
From the outset, however, the pet food industry has fought this solution aggressively. Despite their opposition, the State has continued to collect the fees and is now distributing spay/neuter grants. And this year, the Legislature and the Governor reaffirmed their support by making this solution permanent. New Mexico is on the verge of seeing meaningful results from spay/neuter investment. But the battle remains in one final arena: the courtroom.
Shortly after the law’s passage through Senate Bill 57 in 2020, the pet food industry and its corporate allies filed a lawsuit seeking to overturn it. That case has now been pending for years.
In 2024, Animal Protection Voters stepped in to play a direct role in defending the law. Later that year, Judge Matthew Wilson granted Animal Protection Voters’ request to intervene in the case. Our legal team promptly filed a counterclaim: asking the court to affirm that the Affordable Spay/Neuter Law is constitutional and should stand.
In November 2025, Animal Protection Voters took the next step by filing a motion for summary judgement to seek a final answer in this case. This motion for summary judgement asks the court to resolve the case without a trial, on the grounds that there are no disputed facts—only legal questions. The motion urges the judge to rule by applying the law to those undisputed facts. The motion argues that Senate Bill 57 is fully constitutional and does not violate the dormant Commerce Clause, the Equal Protection Clause, or New Mexico’s anti-donation clause.
On Friday May 1, 2026, Judge Wilson held a hearing on the motion for summary judgement, allowing all parties to present oral arguments in support of the written filings. Animal Protection Voters is grateful to be represented by a legal team bringing both deep expertise and a strong commitment to justice in this case. We also laud the State’s attorney who is supporting this effort. Their arguments highlighted strong state case law to show that New Mexico’s affordable spay/neuter law is indeed constitutional and should be upheld.
At the conclusion of the summary judgement hearing, the Judge then took the matter under advisement and adjourned, and we expect the ruling in the coming months.
Now, we wait.
Dozens of communities across New Mexico are already relying on funding generated by Senate Bill 57, and tens of thousands of animals stand to benefit from its continued implementation.
Animal Protection Voters will share updates as soon as a decision is issued. Whatever the outcome, our commitment to securing affordable spay/neuter—and the benefits it brings to animals, families, and communities—remains unwavering.
In the meantime, the New Mexico Board of Veterinary Medicine has just opened the next application cycle for spay/neuter project grants, funded largely by the affordable spay/neuter law! Reach out to your area’s animal shelter or spay/neuter service provider to ensure they know about this opportunity and share with them this information: https://apnm.org/what-we-do/building-foundations-to-keep-animals-safe/spay-neuter-fund-faqs/ The application window closes June 1, so act soon. And stay tuned.
