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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

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 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

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

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

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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