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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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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

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

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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