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Arizona GOP Governor vetoes anti-LGBTQ education bill

Ducey called the bill “broad and overly vague”

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Arizona Republican Governor Doug Ducey (Screenshot via KPNX NBC 12)

PHOENIX, AZ. – Arizona’s Republican Governor Doug Ducey vetoed a controversial legislative measure, Senate Bill 1456  which had been backed by Cathi Herrod President of Center for Arizona Policy, a vehemently anti-LGBTQ policy think-tank and advocacy group.

The Arizona Republic reported Tuesday that although Ducey vetoed the measure he instead issued an executive order requiring public notice of any such curriculum before it can be used in Arizona classrooms.

The measure would have required schools to get parents’ permission for discussions about gender identity, sexual orientation or HIV/AIDS in sex education classes and also restricted curriculum teaching students about historical events involving sexual orientation, such as a discussion of the modern gay rights movement that sprang from the 1969 Stonewall riots in New York as well.

The dual actions appeared to be a compromise between the provisions of Senate Bill 1456 and critics who said it would marginalize LGBTQ children by, among other things, banning discussion of issues related to gay and trans history.

Ducey called the bill “broad and overly vague” as he issued only his second veto of the legislative session.

Sen. Nancy Barto, R-Phoenix, had introduced SB 1456 in February where it was passed out of the Senate Education Committee along party lines.

“Parents shouldn’t have to worry about what schools are teaching their children about human sexuality and gender identity,” Barto said during a committee hearing on the measure.

The Governor said that his executive order “would give parents a “meaningful opportunity” to have a say in the creation and review of any sex-education curriculum.” He added that it would provide stronger protections for parental rights on curriculum development than SB 1456 would have allowed.

Those provisions include requirements that any school board crafting sex-education curriculum must make materials available for public review for at least 60 days before any vote on the matter; be the subject of at least two public hearings; and make the curriculum available for parents to review both in person and online a least two weeks before the course is taught.

In a press release, the Center for Arizona Policy denounced the Governor’s action labeling it as ‘the veto disregards parents’ rights.’  The group also cautioned; “Make no mistake, the need to advocate for the parents’ ability to guide the education of their children, especially with regard to matters of human sexuality, will continue to be a key priority for us, and the many Arizonans who supported SB 1456.”

“I want to thank the LGBTQ community, my fellow caucus members and our many allies for effectively using your voices to point out the many flaws in this bill, and how it would be used as a weapon to once again silence, erase and marginalize our voices. And I want to thank Governor Ducey for hearing those voices and doing the right thing,” said Cesar Chávez, D-Phoenix, Chairman of the Arizona LGBTQ Legislative Caucus.

“It is important for me to reiterate that parents have and still have a choice in regard to age-appropriate comprehensive sex education, which the Governor reaffirmed with his executive order. However, the intent of this bill was to legislate far past that and create a silo which deemed gender identity, expression and sexual orientation as somehow immoral. That is just wrong and would have put caused students long-term harm,” Chávez continued.

During the House debate last week, openly gay Representative Daniel Hernandez, (D- District 2, South Tucson-Pima) angrily took to the House Floor, blasting the bill saying that it was little more than a vehicle for Herrod and the Center for Arizona Policy to fund raise from and that it was unnecessary.

Hernandez blasted opposition lawmakers for wasting resources and time instead of addressing the fact that over 17,000 Arizonans have died because of the coronavirus pandemic.

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Arizona

Arizona bill passes- parents can sue teachers for ‘usurping’ parental rights

“The consistent targeting of LGBTQ youth by the Arizona Legislature is a disgrace. School is sometimes the only place these kids feel safe”

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Arizona Capitol Building (Photo Credit: State of Arizona)

PHOENIX – A bill that allows parents to sue teachers for ‘usurping’ parental rights passed the state senate this week and is headed to the House for a final vote before being sent to Republican Governor Doug Ducey for his signature.

House Bill 2161, authored by Rep. Steve Kaiser, R-Phoenix, initially was crafted to make it illegal for a government employee to withhold information that is “relevant to the physical, emotional or mental health of the parent’s child,” and specifically prevents teachers from withholding information about a student’s “purported gender identity” or a request to transition to a gender other than the “student’s biological sex.”

The bill would allow parents to sue school districts if teachers don’t comply.

After considerable opposition and uproar the bill was reworked with that specific language removed although the bill’s language now prohibits a school, political subdivision or government from “usurping the fundamental right” of a parent in raising their children, allows a parent to bring a civil suit against any government entity or official that violates the Parents’ Bill of Rights in Arizona law, gives parents the rights to all written or electronic records from a school about their child — including a students counseling records — and requires schools to notify parents before a survey is conducted of students, among other changes.

LGBTQ+ advocacy groups and others charge that the vagueness of the current language would still expose educators to the risk of being sued. The Arizona Mirror reported that Sen. Christine Marsh, a Phoenix Democrat and the 2016 Arizona Teacher of the Year said that “I am a hard ‘no’ on this bill,” when explaining her vote on the Seante floor Monday afternoon. She added that the vague wording of “usurping the fundamental right” in the bill will likely lead to many parents filing lawsuits. 

“Anything could potentially qualify for it so we might have a whole bunch of teachers going to court for this,” she added.

Those concerns were also echoed by her Democratic Senate colleagues the Mirror reported  during committee hearings on the bill who feared that if passed, the bill could see librarians getting in trouble for recommending books that conflict with a parent’s worldview. 

Rep. Daniel Hernández told the Blade on Wednesday, “The consistent targeting of LGBTQ youth by the Arizona Legislature is a disgrace. School is sometimes the only place these kids feel safe. I encourage Arizona lawmakers to tackle bringing down prices and fixing our roads and bridges instead of making life harder for an already vulnerable group of students.”

Arizona Republic news columnist and longtime capital observer EJ Montini noted in his column Tuesday:

“For years, the Republican majority in the Arizona Legislature has waged war on public education, most specifically targeting teachers. Low pay. Ridiculous expectations. Insults. Intimidation,” he wrote.

“Working its way through the Legislature so that it may soon land on Gov. Doug Ducey’s desk is House Bill 2161, a dangerously obtuse piece of legislation that would allow parents to sue teachers and other government officials if they “usurp” a parent’s “fundamental right to direct the upbringing, education, health care and mental health of their children.”

What does that mean, exactly? Well, your guess is as good as mine. As good as anybody’s.

By the looks of it, HB 2161 is a way for lousy parents to sue good teachers. Essentially, it presents the cynical notion that teachers know the children in their classes better than the children are known by their mothers and fathers. And that teachers have more influence over children than their mothers and fathers,” Montini wrote.

Equality Arizona and other LGBTQ+ advocacy groups are raising the alarm that House Bill 2161 specifies that parents are allowed to object to instructional materials if it “questions [their] beliefs or practices in sex, morality or religion.”

This language has been labeled as a pathway to ‘Don’t Say Gay’ practices by activists.

HB2161 also spells out that parents must also be notified in advance if a teacher plans to incorporate “sexuality” into instructional materials other than sex education, and will be given the option to opt their children out.

The bill would also prohibit school districts from offering sex education to students unless their parents sign a permission slip allowing them to participate. But even if a parent allows their child to receive sex education, this bill specifically would give them the “right” to ban their child from learning about AIDS.

The dangerous portion of the bill’s language that activists say will seriously harm LGBTQ+ youth are provisions that would give parents the right to access all written and electronic records pertaining to their child, including participation in extracurricular activities and clubs, counseling records, reports of behavioral patterns, and email and other online accounts.

If an LGBTQ+ youth was not Out at home or was having problems that language could endanger the young person and compounds the problem by putting teachers who are assisting LGBTQ+ youth at risk of lawsuits.

The bill passed 16-12. Because it was amended in the Senate, it returns to the House of Representatives for a final vote possibly this week, after which it would go to Gov. Ducey for his signature.

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Arizona Governor Doug Ducey refuses to say Trans people exist

According to the Associated Press, when specifically asked if he believed that there “are really transgender people,” the governor paused

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Arizona’s Republican Governor Doug (Screenshot/Arizona Public Media)

PHOENIX – Refusing to directly reporter’s questions Thursday the day after he signed Senate Bill 1138, which bans some types of medical care for transgender youth, and Senate Bill 1165, which prevents transgender students from participating in school sports consistent with their gender identity, Arizona’s Republican Governor Doug Ducey refused to say if transgender people actually exist.

According to the Associated Press, when specifically asked if he believed that there “are really transgender people,” the governor paused for several seconds before answering.

“I’m going to ask you to read the legislation and to see that the legislation that we passed was in the spirit of fairness to protect girls sports in competitive situations,” Ducey said, referring to the new law that targets transgender girls who want to play on girls sports teams. “That’s what the legislation is intended to do, and that’s what it does.”

Asked again if he believed there are “actual transgender people,” he again answered slowly and carefully.

“I … am going to respect everyone, and I’m going to respect everyone’s rights. And I’m going to protect female sports. And that’s what the legislation does,” Ducey said.

Bridget Sharpe, the Arizona director of the Human Rights Campaign, described Ducey’s statements as “appalling.” “It’s quite shocking that he can’t even address trans people or even say that he thinks they exist,” Sharpe said.

The governor also signed abortion legislation that mirrors a Mississippi law currently being considered by the U.S. Supreme Court that will  will outlaw abortion after 15 weeks.

“Across the country, moderate Republicans are struggling—and too often failing—to stop the takeover of their party by dangerous extremists. Today’s trio of extreme AZ laws, one stripping away the right to abortion and two targeting transgender youth, show that Arizona is losing that battle.  We are in danger of watching large segments of our nation give way to authoritarian extremism,” Shannon Minter, the Legal Director for the National Center for Lesbian Rights, (NCLR) told the Blade in a phone call.

Ducey  is in the last year of his second term as Arizona governor and state law on term limits him from seeking reelection.

Cathi Herrod, the virulent anti-LGBTQ+ head of the Center for Arizona Policy lauded the governor’s actions telling the Associated Press that the legislation protects the unborn, ensures a level playing field for female athletes and shows that “Arizona will do everything it can to protect vulnerable children struggling with gender confusion” by enacting the surgery ban.

In a news release she posted on Twitter, Herrod wrote: “Thank you, Governor Ducey, for taking a bold stand for women athletes, vulnerable children, and the unborn by putting your signature on (the bills) in the face of intense opposition from activists.”

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Arizona Governor signs three laws limiting transgender rights, abortion

“Today alone, on the eve of Transgender Day of Visibility, three anti-trans bills were signed into law across the country”

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Arizona Governor Doug Ducey (Screenshot NBC News 12 Phoenix)

PHOENIX — Arizona’s Republican Governor Doug Ducey signed Senate Bill 1138, which bans some types of medical care for transgender youth, and Senate Bill 1165, which prevents transgender students from participating in school sports consistent with their gender identity.

The governor also signed abortion legislation that mirrors a Mississippi law currently being considered by the U.S. Supreme Court that will  will outlaw abortion after 15 weeks.

“Across the country, moderate Republicans are struggling—and too often failing—to stop the takeover of their party by dangerous extremists. Today’s trio of extreme AZ laws, one stripping away the right to abortion and two targeting transgender youth, show that Arizona is losing that battle.  We are in danger of watching large segments of our nation give way to authoritarian extremism,” Shannon Minter, the Legal Director for the National Center for Lesbian Rights, (NCLR) told the Blade in a phone call Wednesday.

The Arizona abortion legislation mirrors a Mississippi law now being considered by the nation’s high court. The bill explicitly says it does not overrule a state law in place for more than 100 years that would ban abortion outright if the Supreme Court overrules Roe v. Wade, the 1973 case that enshrined the right to abortion in law, NBC News reported.

“In Arizona, we know there is immeasurable value in every life — including preborn life,” Ducey said in a signing letter. “I believe it is each state’s responsibility to protect them.”

Ducey is an abortion opponent who has signed every piece of anti-abortion legislation that has reached his desk since he took office in 2015. He said late last year that he hoped the Supreme Court overturns the Roe decision, the Associated Press noted.

In 2014, then-Arizona Governor Jan Brewer vetoed an anti-LGBTQ+ bill in Arizona because she said it divided the state, did not address any specific or present concern for Arizonans, and would lead to adverse legal and economic consequences for the state. She also called for “greater respect and understanding among ALL Arizonans.”

Two Republican governors, Utah Gov. Spencer Cox and Indiana Gov. Eric Holcomb, vetoed anti-trans sports bans similar to SB 1165 last week, rejecting the discriminatory bills approved by their legislatures. The governors cited high suicide rates among transgender youth and concerns over legal challenges, which have followed similar laws in other states.

Also on Wednesday Oklahoma Republican Governor Kevin Stitt signed into law Senate Bill 2, a bill which would restrict transgender girls from playing on school sports teams that match their gender identity.

“While the problems transgender and nonbinary youth cause communities are hypothetical, the harms these laws will cause them are very real. We’re talking about a group of marginalized young people who have consistently been found to be at greater risk for bullying, depression, and attempting suicide — and 85% say recent debates around anti-trans laws have even further negatively impacted their mental health,” said Sam Ames, Director of Advocacy & Government Affairs. “Today alone, on the eve of Transgender Day of Visibility, three anti-trans bills were signed into law across the country. This onslaught is not an accident; it is overwhelming by design and in direct response to progress in the fight for trans rights. But the Trevor Project will continue supporting our young people while we continue the fight against these policies. We are here for you, and we are not going anywhere.”

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Arizona Legislature sends two anti-Trans bills to governor

“We’re talking about legislating bullying against children who are already struggling just to get by” one lawmaker said

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Arizona State Capitol Building (Photo Credit: State of Arizona)

PHOENIX – The Arizona House of Representatives passed two anti-Trans bills Thursday – one prohibiting gender-affirming surgery for minors (S.B. 1138) and the other baring Trans students from participating on girl’s sports teams (S.B. 1165) – sending both to Republican Gov. Doug Ducey.

Both pieces of legislation cleared the Senate last month, leaving the bills’ fate to Ducey, who has not signaled whether he will sign either. 

Earlier this week, two GOP governors – Indiana Gov. Eric Holcomb and Utah Gov. Spencer Cox – broke from their party and vetoed anti-Trans sports bills. The Human Rights Campaign (HRC), the nation’s largest LGBTQ+ organization, urged Ducey to follow the likes of Holcomb and Cox and veto the two measures. 

Republican attacks on Trans youth, primarily targeting their healthcare and participation in sports, have continued after a record-breaking year for anti-LGBTQ+ legislation in states. In 2022 so far, state lawmakers have proposed nearly 240 anti-LGBTQ+ bills, according to an NBC News analysis

Proponents of anti-Trans sports bills argue they are necessary to keep “fairness” and “integrity” in women’s sports. Supporters of gender-affirming care bans say they will prevent children from decisions they may regret, equating the treatments to “mutilation” or “child abuse.”

During the debate on S.B. 1138, Republican Rep. John Kavanagh made similar comparisons, saying: “We should stand the same way today because this is mutilation of children. It is irreversible. It is horrific.”

However, critics pushed back against Kavanagh’s argument, saying a child’s health care should be left to parents and the decisions are not hasty ones. 

“We’re talking about our kids, who are already going to be taking the proper steps with their parents to be able to be who they are,” said Democratic Rep. Andres Cano. 

Though Republicans in several states – including Texas and Alabama – have pushed for such bans on gender-affirming care for minors, many top medical associations support the treatments for Trans and nonbinary youth. LGBTQ+ advocates call gender-affirming care “essential” and “life saving.”

S.B. 1165 brought similar partisan divides, with Republicans championing the bill’s passage. Over the last few years, Republicans have progressively pushed harder for bans on Trans women and girls playing sports — reaching a new peak with Trans University of Pennsylvania swimmer Lia Thomas, who has set collegiate records. 

“This bill to me is all about biology,” said Republican Rep. Shawnna Bolick. “In my opinion, it’s unfair to allow biological males to compete with biological girls sports.”

Democrats accused the legislation of dehumanizing Trans youth and creating a problem that doesn’t exist in the state. 

“We’re talking about legislating bullying against children who are already struggling just to get by,” said Democratic Rep. Kelli Butler.

The HRC released a statement condemning the passage of both bills. 

“Arizonans deserve better than legislators who are seeking to bully transgender youth with politically motivated bills for the sake of discrimination itself,” said Bridget Sharpe, HRC Arizona state director. “Caught in the crosshairs of anti-LGBTQ+ elected officials’ divisive political strategy are vulnerable kids who are simply trying to navigate their adolescence. We urge Gov. Ducey to do the right thing and veto these harmful bills.”

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Arizona Republican breaks from party to block anti-Trans bill

The legislation was one of Arizona’s 15 anti-LGBTQ+ bills introduced so far this year, the most of any state

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Arizona Republican state Senator Tyler Pace (Photo Credit: Office of Senator Tyler Pace)

PHOENIX – A bill aiming to ban gender-affirming care for LGBTQ+ youth in Arizona is effectively dead after Republican state Sen. Tyler Pace broke from his party last week and voted against the legislation. 

The rare and unexpected move came last Wednesday with Pace joining three Democratic colleagues on the Arizona Legislature’s Health and Human Services Committee, splitting the vote 4-4 and effectively stalling the bill. 

Though Pace saw “both sides,” he attributed his vote to the testimony of LGBTQ+ youth and their parents against the anti-Trans youth health care bill. 

“The testimonies we heard today about the many people who are using these avenues of medical treatments to save lives, to improve lives,” he said during the committee hearing, “I don’t want my vote to stop those great things.”

At the hearing, Trans youth and their families stood in front of the committee to testify against the anti-Trans bill. 

“Kids like me should be able to be who they are without lawmakers attacking their rights,” said Samuel Cars, who identifies as Trans and bisexual. “I ask you when you vote on this bill to think about me and this question: What side of history do you want to be on? Because the only way to be on the right side is vote no on this bill.”

Other people who spoke to the committee noted how the bill could increase suicide rates for Trans youth in the state. Late last year, LGBTQ+ youth suicide prevention group The Trevor Project found a strong link between gender-affirming therapy and lower rates of suicide and depression in Trans youth. 

The legislation – S.B. 1138, which sought to ban gender-affirming care to Trans and nonbinary youth, including reversible puberty blockers, hormone therapy and surgeries – was one of Arizona’s 15 anti-LGBTQ+ bills introduced so far this year, the most of any state, according to NBC News

Pro-LGBTQ+ activists and lawmakers grew so concerned over the legislative landscape that they hosted a press conference last month, sounding alarm bells over the anti-LGBTQ+ bills. 

“This is an attack on human rights,” said Arizona state Rep. César Chávez, chairman of the Arizona LGBTQ Legislative Caucus, at the press conference hosted by the HRC. “We’re criminalizing individuals for being who they are. On top of that, we’re criminalizing doctors and health care workers, individuals that are doing their job.”

The Arizona state Senate passed an anti-Trans sports bill at the beginning of February that would restrict Trans women and girls from playing on school sports teams that match their gender identity. Pace voted in favor of the legislation. 

Last year, Arkansas and Tennessee passed similar gender-affirming care bans, making them the only two states in the country to do so. However, a federal judge blocked the Arkansas ban last summer, according to LGBTQ+ research nonprofit the Movement Advancement Project (MAP). 

MAP also notes that Tennessee’s law prohibits medical providers from providing hormone-related medication to “prepubertal minors.” “Best practice medical care for transgender youth only includes such medication once a youth has entered puberty, not prior to it, and this further illustrates how these legislative efforts reflect a fundamental lack of understanding of medical care for transgender youth,” it added. “However, this legislation sets a dangerous precedent for further restrictions of medical care for transgender youth.”

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Arizona lawmakers intro bill to protect LGBTQ+ people from discrimination

While the measure has backers in the state’s business and faith communities it faces opposition from the anti-LGBTQ+ Center for Arizona Policy

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Arizona State Capitol Building (Photo Credit: Office of the Arizona Secretary of State)

PHOENIX – Arizona House Speaker Rusty Bowers, (R-Maricopa), flanked by a group of bipartisan lawmakers announced Monday afternoon they were introducing legislation that would for the first time protect LGBTQ+ Arizonans from discrimination by businesses, landlords and employers based on a person’s sexual orientation or gender identity.

In addition to the provisions to protect LGBTQ+ people from discrimination, the measure calls for a ban on the practise of conversion therapy by licensed health care professionals. 

While the measure has backers in the state’s business and faith communities it already faces opposition from the conservative anti-LGBTQ+ Center for Arizona Policy, (CAP) .

In 2014 the Center was defined by one journalist writing for the independent news outlet Phoenix New Times as; “In fact, the Center for Arizona Policy is a throwback to Jerry Falwell’s Moral Majority. It’s a juggernaut of theocracy, intent on imposing its beliefs on public policy and making Republican politicians in Arizona march in lockstep with CAP’s war on gays, women, pornography, and public education.”

Cathi Herrod, president of CAP told NBC News affiliate KPNX 12 news that the measure would “treat reasonable disagreement as if it were discrimination.”

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Arizona State Senate passes anti-Trans sports ban

The legislation would restrict transgender women and girls from playing on school sports teams that match their gender identity

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Arizona Capitol Building (Photo Credit: State of Arizona)

PHOENIX – The Arizona State Senate on Wednesday passed SB 1165, the so-called ‘Save Women’s Sports Act.’ The legislation would restrict transgender women and girls from playing on school sports teams that match their gender identity. It passed along a party line vote of 16 Republicans to 13 Democrats with 1 abstention. The bill now heads to the House.

“We can promote both women’s sports and transgender inclusion at the same time — they are not mutually exclusive, as some politicians would have you believe,” said Casey Pick, Senior Fellow for Advocacy and Government Affairs at The Trevor Project. “While Arizona lawmakers are devoting energy to a divisive solution in search of a problem, we know that transgender and nonbinary young people are struggling and continue to face increased risk for bullying and suicide. These ugly attacks are only making matters worse.”

The measure specifies that interscholastic sports an intramural athletics are to be defined by biological sex, one is either male or female.

A. EACH INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT THAT IS SPONSORED BY A PUBLIC SCHOOL OR A PRIVATE SCHOOL WHOSE STUDENTS OR TEAMS COMPETE AGAINST A PUBLIC SCHOOL SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE FOLLOWING BASED ON THE BIOLOGICAL SEX OF THE STUDENTS WHO PARTICIPATE ON THE TEAM OR IN THE SPORT:
"MALES", "MEN" OR "BOYS".
"FEMALES", "WOMEN" OR "GIRLS".
"COED" OR "MIXED".

It also stated that “a person’s sex is determined at fertilization and revealed at birth or, increasingly, in utero.”

B. ATHLETIC TEAMS OR SPORTS DESIGNATED FOR "FEMALES", "WOMEN" OR "GIRLS" MAY NOT BE OPEN TO STUDENTS OF THE MALE SEX.

The measure defines “that biological differences between males and females are determined genetically during embryonic development.”

The legislature also states that secondary sex characteristics [which develop during puberty make anatomical differences beyond the reproductive system,] leading to adult body types that are measurably different between sexes.

According to a recent poll conducted by Morning Consult on behalf of The Trevor Project, 85% of transgender and nonbinary youth — and two-thirds of all LGBTQ youth (66%) — say recent debates about state laws restricting the rights of transgender people have negatively impacted their mental health. When asked about new policies that would ban transgender girls from playing on girls’ sports teams and transgender boys from playing on boys’ sports teams, 74% of transgender and nonbinary youth said it made them feel angry, 57% felt sad, 43% felt stressed, and nearly 1 in 3 felt scared.

The measure also states:

PHYSIOLOGICAL DIFFERENCES BETWEEN MALES AND FEMALES RELEVANT TO SPORTS PERFORMANCE INCLUDE A LARGER BODY SIZE WITH MORE SKELETAL-MUSCLE MASS, A LOWER PERCENTAGE OF BODY FAT, AND GREATER MAXIMAL DELIVERY OF ANAEROBIC AND AEROBIC ENERGY.
MEN ALSO HAVE HIGHER NATURAL LEVELS OF TESTOSTERONE, WHICH AFFECTS TRAITS SUCH AS HEMOGLOBIN LEVELS, BODY FAT CONTENT, THE STORAGE AND USE OF CARBOHYDRATES, AND THE DEVELOPMENT OF TYPE MUSCLE FIBERS, ALL OF WHICH RESULT IN MEN BEING ABLE TO GENERATE HIGHER SPEED AND POWER DURING PHYSICAL ACTIVITY.
THERE IS A SPORTS PERFORMANCE GAP BETWEEN MALES AND FEMALES, SUCH THAT THE PHYSIOLOGICAL ADVANTAGES CONFERRED BY BIOLOGICAL SEX APPEAR, ON ASSESSMENT OF PERFORMANCE DATA, INSURMOUNTABLE.

However, the measure seems to allow for “biologically born women to play in men’s sports.”

THIS SECTION DOES NOT RESTRICT THE ELIGIBILITY OF ANY STUDENT TO PARTICIPATE IN ANY INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT DESIGNATED AS BEING FOR "MALES", "MEN" OR "BOYS" OR DESIGNATED AS "COED" "MIXED".

However, research also shows that transgender and nonbinary youth who have access to gender-affirming spaces report lower rates of attempting suicide. A 2021 peer-reviewed study by The Trevor Project’s researchers, published in Transgender Health, also found that transgender and nonbinary youth who reported gender identity acceptance from adults and peers had significantly lower odds of attempting suicide in the past year.

The Trevor Project’s research has also found that a majority of LGBTQ young people (68%) have never participated in sports for a school or community league or club — with many citing fear of bullying and discrimination as a key factor for not participating.

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Arizona Republicans introduce ‘no promo homo’ bill in 2022 session

“I’m extremely disappointed with the Arizona Republicans who continue to perpetuate homophobia and transphobia”

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Arizona Democratic State Rep. Daniel Hernandez is defending LGBTQ+ rights (Photo Courtesy of Rep. Hernandez)

PHOENIX – State Representative Jake Hoffman, (R-12), during a state House Education Committee meeting this week told fellow lawmakers that certain materials he discovered in schools is a foundational reason the committee should pass House Bill 2495

“This one is a teenager masturbating. Here’s another teenager masturbating. Here’s two teenagers engaged in sex,” said Hoffman, presenting what he alleged are examples of what was available to students although he admitted that the materials weren’t in all schools. “There is nothing more sacred than the innocence of a child,” said Hoffman who co-sponsored the bill.

The bill defines ‘sexually explicit materials’ as “Textual, visual or audio materials or materials accessed via any other medium” that depict any of the following matters:

A. NOTWITHSTANDING ANY OTHER LAW, A PUBLIC SCHOOL IN THIS STATE MAY NOT REFER STUDENTS TO OR USE ANY SEXUALLY EXPLICIT MATERIAL IN ANY MANNER.

B. FOR THE PURPOSES OF THIS SECTION, “SEXUALLY EXPLICIT MATERIALS” INCLUDES TEXTUAL, VISUAL OR AUDIO MATERIALS OR MATERIALS ACCESSED VIA ANY OTHER MEDIUM THAT DEPICT ANY OF THE FOLLOWING:

1. SEXUAL CONDUCT. FOR THE PURPOSES OF THIS PARAGRAPH, “SEXUAL CONDUCT” MEANS ACTS OF MASTURBATION, HOMOSEXUALITY, SEXUAL INTERCOURSE OR PHYSICAL CONTACT WITH A PERSON’S CLOTHED OR UNCLOTHED GENITALS […]

2. SEXUAL EXCITEMENT.  […]

3. ULTIMATE SEXUAL ACTS. FOR THE PURPOSES OF THIS PARAGRAPH, “ULTIMATE SEXUAL ACTS” MEANS SEXUAL INTERCOURSE […]

The bill’s definition of homosexuality as ‘sexual conduct’ has drawn sharp criticism from LGBTQ+ advocates including members of the Arizona Legislative LGBTQ Caucus.

Democratic State Rep. Daniel Hernandez accused Hoffman and other Republicans pushing for the bill’s passage as engaging in a campaign to turn back LGBTQ+ progress in the state to an earlier era under a law colloquially referred to as the ‘no promo homo,’ which banned the state’s schools from acknowledging or ‘promoting’ a so-called ‘homosexual lifestyle.’

“What this bill does is once and again try and erase the LGBTQ community from Arizona public schools, under the guise of protecting children,” said Hernandez, during the meeting.

“It’s not the mere of status of being a homosexual, it is the act of homosexuality, so the act of sexual intercourse between two people of the same gender. That is a completely different thing than you represented it to be,” Hoffman retorted.

In an email to the Blade Hernandez noted, “Republicans in the legislature are pushing legislation to effectively ban sex education in Arizona schools and roll back the clock. Even mentioning the LGBTQ+ community will be against the law. As someone who knows what it’s like to grow up under an antiquated law that keeps the LGBTQ community from being seen in the classroom, I can tell you this makes our kids less safe.”

Hernandez, who is campaigning for a seat in the U.S. Congress to represent the Second Congressional District, wrote in an email to supporters; “I’m extremely disappointed with the Arizona Republicans who continue to perpetuate homophobia and transphobia. So, I’m speaking out against this shameful targeting of LGBTQ children and erasure of the LGBTQ community. Because as one of four gay members in our state’s legislature, I have a duty to stand up for the LGBTQ Arizonans who can’t be in our state’s Capitol to defend their own rights.”

In 2019, Republican Governor Doug Ducey signed Senate Bill 1346 which repealed the1991 law, which made it illegal for K-12 public schools to provide HIV prevention instruction that “promotes a homosexual lifestyle,” “portrays homosexuality as a positive alternative lifestyle” or “suggests that some methods of sex are safe methods of homosexual sex.”

The law had been the subject of a federal lawsuit challenging its constitutionality.

New York blogger Joe Jervis reported that Hoffman has been in the national news this week as he is one of Arizona’s fake electors. In 2020 he was banned by Twitter for running a paid teenage pro-Trump troll farm with Charlie Kirk.

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Arizona lawmakers and activists push back against anti-LGBTQ bills

Arizona is no stranger to anti-LGBTQ bills. In 2020 lawmakers sent an anti-LGBTQ education bill to Republican Gov. Ducey’s desk- he vetoed it

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Arizona Secretary of State Katie Hobbs hung Trans & LGBTQ+ Pride flags on the balcony of the historic state Capitol building on Friday, June 28, 2019. Courtesy of Arizona Secretary of State’s Office

PHOENIX – Political leaders and activists in Arizona are sounding the alarm bells over nearly a dozen anti-LGBTQ bills introduced by Republican lawmakers in the state legislature. 

The discriminatory bills – totaling nine to date, according to the Human Rights Campaign (HRC) – mirror much of the anti-LGBTQ bills introduced last year around the country, in what was a record year for legislation attacking the LGBTQ community, particularly trans people. 

Three of the bills – Senate Bill 1130, which would ban gender-affirming care for minors, Senate Bill 1165, an anti-trans sports bill, and House Bill 2112, which could prohibit the teaching of racism and sex discrimination – are set for committee meetings this week. 

Senate Bill 1130 was introduced by Arizona state Sen. Wendy Rogers, who, as the Blade reported last year, is an outspoken supporter of Donald Trump and a member of the far-right anti-government militia organization Oath Keepers.

Other bills would limit gender markers on official documentation to only “male” and “female,” make educators only use incorrect pronouns for students if it differs from their birth certificate and force students to get written permission to join clubs involving gender identity or sexuality. 

“This is an attack on human rights,” said Arizona state Rep. César Chávez, chairman of the Arizona LGBTQ Legislative Caucus, at a press conference hosted by the HRC. “We’re criminalizing individuals for being who they are. On top of that, we’re criminalizing doctors and health care workers, individuals that are doing their job.”

Sponsors of these bills say that they will benefit their communities and protect women and children. However, Chávez accused the Republican party of wanting to “attack our youth and those individuals who identify as LGBT+.” 

Lizette Trujillo, a parent of a trans child in Tucson, Arizona, detailed the toll that the proposed legislation takes on her son and her family. 

“Legislators in our state are wielding their power to leverage the most vulnerable youth in our state to further their political careers,” she said, adding: “This causes irreparable harm on the transgender community.” 

She also had an urgent message for members of her community: “Help us stop power-hungry legislators in this blatant attack,” she said. “Help us stop our government from using parents like me and kids like mine as their political pawns. Transgender kids exist – protect them, believe them, support them and affirm them.

Trujillo, who is also a member of the HRC Foundation’s Parents for Transgender Equality National Council, has become accustomed to the fight for her son’s rights. In 2019, the HRC featured her for “leading the charge” for LGBTQ-inclusive education within the Tucson Unified School District. 

Arizona is no stranger to anti-LGBTQ bills. Last year, state lawmakers sent an anti-LGBTQ education bill to Republican Gov. Doug Ducey’s desk. But he ended up vetoing the bill, calling it “broad and overly vague.” 

Now, pro-LGBTQ lawmakers and activists in the state are readying to push back against such legislation. 

According to Bridget Sharpe of HRC Arizona, the group plans to show up to the statehouse and testify against the anti-LGBTQ legislation. She said that is the best way to get results. They will make their first appearance Thursday, where Trujillo will be a speaker. 

Chávez wants to have conversations with his colleagues across the aisle, noting that it has “become a rarity here in the Arizona State Legislature,” but that they are “very meaningful.”

“I will say that it’s going to take political will from my Republican colleagues to be able to vote against these bills,” he said.

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Arizona lawmaker proposes two draconian anti-Trans bills for 2022 session

The laws would have potential to inflict considerable harm on Transgender Arizonans and the medical professionals who treat them

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Sen. Wendy Rogers speaking to the Cottonwood Oathkeepers in March 2021. (Photo via Twitter account of @WendyRogersAZ)

FLAGSTAFF, Az. – Two proposed laws would have potential to inflict considerable harm on young Transgender Arizonans and the medical professionals who treat them LGBTQ+ activists say.

The author of both proposed measures is Republican state Senator Wendy Rogers (R-SD6), an outspoken supporter of Donald Trump and a member of the Oath Keepers, an anti-government militia organization whose members took part in the January 6, 2021 attack on the U.S. Capitol. This past Fall in October 2021, Rogers spoke at a QAnon-linked political conference in Las Vegas, Nevada.

Rogers first measure, Senate Bill 1045 would prohibit medical procedures that affirm the gender identity of children and teens who are transgender. The law would ban medical professionals in Arizona from performing gender affirming surgeries on Trans minors and also would forbid prescribing testosterone to Trans male youth or estrogen to Trans female youth who are under 18. Any Health professional found guilty would be convicted as a Class 4 felony offender, with a prison sentence of one to three years.

Her second measure, Senate Bill 1046 would restrict transgender children from participating in sports at public and private schools, community colleges and universities. The measure would divide all interscholastic and intramural sports teams into male, female and co-ed teams “based on biological sex.”

Under that definition, the measure prohibits transgender girls from participating in girl’s sports. It would also mandate a medical review of a student’s anatomy, hormone levels and genetics if the student’s biological sex is disputed while seeking to participate in sports programs at public and private schools, community colleges and state universities.

State Representative Daniel Hernandez, (D-HD2), a member of the Arizona Legislative LGBTQ Caucus told the Blade Wednesday, “State Senator Rogers is using her power to target the most vulnerable children in our communities. The discriminatory and unjust efforts to stop transgender youth from receiving medical care shows Senator Rogers is trying to get in between patients, their doctors and their families. She once again is trying to ban our children from participating in school sports based on nothing more than hate. It pains me to see another attack made on the transgender community.”

Speaking to the Arizona Mirror, a local Arizona media outlet, Ryan Starzyk, a board member of Phoenix Pride noted; “It is dangerous and it is deadly because if (children) don’t have the foundational information, if they have nobody they can turn and oftentimes is the only one they can turn to is the professional at school before, (the legislature) is laying the foundation for students suicides.”

The Arizona Interscholastic Association has policies and guidelines in place that govern Trans youth participation in sports across the state: “All students should have the opportunity to participate in Arizona Interscholastic Association (AIA) activities in a manner that is consistent with their gender identity, irrespective of the sex listed on a student’s eligibility for participation in interscholastic athletics or in a gender that does not match the sex at birth.

Rogers has a history of anti-LGBTQ+ animus. In October she expressed her extreme displeasure over a new comic book storyline debuted by DC Comics-Warner Brothers Media on National Coming Out Day.

“Superman loves Louis Lane. Period. Hollywood is trying to make Superman gay and he is not. Just rename the new version Thooperman so we can all know the difference and avoid seeing it,” Rogers tweeted.

Commenters on social media were quick to point out that in the DC Multiverse canon it is ‘Lois Lane not Louis while others took umbrage with her use of the word ‘Thooperman,’ labeling it an offensive phonetic characterization of a stereotyped gay man’s lisping in speech patterns.

Starzyk is opposed to SB1046. He said it reminds him of the bullying he constantly faced in the military for being gay.

“The legislators are bullying our youth, the same way I was bullied in the military,” he said. “It’s heartbreaking to see that instead of encouraging our young people who are finding themselves sooner, the legislature is classifying our young future generation as not being good enough.”

Starzyk told the Arizona Mirror that youth should be celebrated for affirming their gender identity, instead of being deprived of an important opportunity for growth that sports provide.

“We should be embracing that as a society, to know who you are at such a young age,” Starzyk said. “Years ago you couldn’t even be yourself.” He added that Rogers has “some radical view of the gay community.”

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