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Arizona lawmaker proposes two anti-Trans bills for 2022

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

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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 ā€œbased on biological sex.ā€

Under that definition, the measure prohibits transgender girls from participating in girlā€™s sports. It would also mandate a medical review of a studentā€™s anatomy, hormone levels and genetics if the studentā€™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; ā€œIt is dangerous and it is deadly because if (children) donā€™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.ā€

The Arizona Interscholastic Association has policies and guidelines in place that govern Trans youth participation in sports across the state: ā€œAll 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 studentā€™s eligibility for participation in interscholastic athletics or in a gender that does not match the sex at birth.ā€

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.

ā€œSuperman 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,ā€ Rogers tweeted.

Commenters on social media were quick to point out that in the DC Multiverse canon it is ā€˜Lois Lane not Louis while others took umbrage with her use of the word ā€˜Thooperman,ā€™ labeling it an offensive phonetic characterization of a stereotyped gay manā€™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.

ā€œThe legislators are bullying our youth, the same way I was bullied in the military,ā€ he said. ā€œItā€™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.ā€

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.

ā€œWe should be embracing that as a society, to know who you are at such a young age,ā€ Starzyk said. ā€œYears ago you couldnā€™t even be yourself.ā€ He added that Rogers has ā€œsome radical view of the gay community.ā€

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Arizona

Anti-transgender Ariz. ballot measure dies

SCR1013 will not go before voters in November

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Arizona state Sen. Ken Bennett (R-Prescott) (YouTube screenshot)

BY ERIN REED | In a stunning defeat for anti-transgender activists in Arizona, aĀ major bill targeting trans people in schoolsĀ has failed. The bill, Senate Concurrent Resolution 1013, would have banned trans students from using bathrooms matching their gender identity. It also would have forced teachers to misgender their trans students unless parental permission was received.Ā 

Most importantly, the bill would have placed the issues on the November election ballot, bypassing Arizona Gov. Katie Hobbsā€™ veto, which has been used against similar legislation. This represents the first major ballot referendum on trans people that has been defeated in 2024 and could signal Republican hesitancy around the electoral impacts of such referendums.

The bill was brought forward by Sen. John Kavanaugh, who has previously sponsored other legislation targeting trans people in schools. Kavanaughā€™s district includes portions of Scottsdale, Ariz., which is notably the same city where the Alliance Defending Freedom is headquartered

The ADF has been intricately involved in the drafting and defending of anti-trans laws across the U.S. this year and has backed Chloe Cole, who is leading a similar referendum effort in California.

In the Senate Education Committee earlier this month, over 500 people registered opposition to the bill, and only 32 registered in favor, one of the most lopsided testimony ratios in any bill this year nationwide. Speaking against the bill in the hearing, Democratic Sen. Christine Marsh pointed out the negative consequences that hearing such a bill would have, stating, ā€œThis will become a debate on a statewide level harming god knows how many kids and forcing them into further isolation, harassment, bullying, victimization and vulnerability that comes. I think the effect of that will be incalculable.ā€

When it came time for a committee decision, Republican Sen. Ken Bennett voted in favor of the bill but stated he had concerns with the way the bill was written and that he would have trouble supporting it for final passage in the Senate.

Then, on Monday, the bill was brought forward for a final vote on the full Senate floor. Democratic senators read statements from parents and trans youth who would be impacted by the bill as the votes rolled in. Then, Bennett voted ā€œno,ā€ explaining his vote: ā€œI am very concerned about putting this bill to a vote of the people. These bills combined are roughly a third of the entire U.S. Constitution. When we put things on the ballot for people to vote on them, if something goes awry, if there are unintended consequences, we have to go back to the people to fix it.ā€

The defeat means that in Arizona, the question will not advance to the November ballot. However, in other states, ballot measures are currently being pursued. In California, the group ā€œProtect Kids Californiaā€ has enlisted high-profile anti-trans activists such as Cole and Chris Elston to collect signatures. Measures there would out trans students to their parents, ban them from participating in sports and using bathrooms that match their gender identity, and would ban gender-affirming care for trans youth. Similar ballot measures are also being pursued in Colorado. Nevertheless, with the defeat of SCR1013, there may be hesitancy to push for this as a major ballot issue in 2024 in a swing state like Arizona.

Anti-LGBTQ legislation is not highly popular, especially in general election contests. In the most recent school board elections in 2023, Moms for Liberty lost 70 percent of their school board elections, having run primarily on anti-trans issues in schools. Meanwhile, Democrats took the House and Senate in Virginia after Gov. Glenn Youngkin pushed a party platform at rallies that targeted trans youth throughout the state. Anti-trans politics have also previously failed to help Republicans in Arizona. In the 2022 governorā€™s race, Republicans attempted to target Hobbsā€™ husband for providing counseling for trans youth in the closing weeks of the campaign ā€” a gambit that failed to swing results in their favor.

That is certainly what Gaelle Esposito, a partner at Creosote Partners who has worked with major organizations supporting trans people in the state, believes. When asked about what the billā€™s defeat says in an election year, she responded, ā€œwe are also starting to see that Republicans recognize that anti-trans hatred and pure bigotry is not a big winner for them. Itā€™s not like they have seen time and again, including here in Arizona, that this just doesnā€™t play well with voters. It doesnā€™t sit well with people.ā€

Esposito added a hopeful message: ā€œThe fact that we didnā€™t see the full force of their network trying to squeeze them to get this on the ballot shows they know it too. That they, in an election year here in Arizona, where so much is critical for them, this went down in flames ā€¦ I think shows how the tide is turning in our favor.ā€

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Erin Reed is a transgender woman and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues and community. Reed also is a social media consultant and public speaker.

The preceding post was previously published at Erin in the Morning and is republished with permission.

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Arizona

Arizona Governor issues executive order banning conversion therapy

Hobbs also signed an executive order to ensure the state employee health care plan covers medically-necessary gender-affirming surgery

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Arizona Governor Katie Hobbs is shown signing legislation in this file photo. (Photo Credit: Office of the Arizona Governor Katie Hobbs)

Arizona Governor Katie Hobbs signing an executive order Tuesday banning the dangerous and discredited practice of conversion therapy. With the signing of this executive order, Arizona is now the 27th state in the country to enact protections against the practice of conversion therapy.

Hobbs also signed an executive order to ensure the state employee health care plan covers medically-necessary gender-affirming surgery.

ā€œOur LGBTQ+ community should never have to face hate and discrimination, and I will do everything in my power to fight for full equality,ā€ said Governor Hobbs. ā€œThe State is leading by example on this issue, and we will continue working until Arizona is a place where every individual can participate equally in our economy and our workforce without fear of discrimination or exclusion.ā€

As outlined in the Executive Order restricting conversion therapy, State Agencies will implement policies to actively protect LGBTQ+ minors from the harmful effects of conversion therapy and ensure public funds are not spent on these dangerous practices.

The American Psychological Association found that conversion therapy contributes to increased risk of suicide, depression, and substance use throughout an individualā€™s life. Additionally, the federal Substance Abuse and Mental Health Services Administration has determined that conversion therapy should not be a part of any behavioral health treatment.

ā€œEquality Arizona is excited to see Governor Hobbs take bold executive action to protect the LGBTQ+ community,ā€ said Jeanne Woodbury, Interim Executive Director for Equality Arizona. ā€œProtecting Arizonans from fraudulent and harmful treatment is exactly what we elect our statewide leaders to accomplish, and taking action against conversion therapy is long overdue.ā€ 

Read the Executive Order on Ensuring Access to Medically Necessary Gender-Affirming Healthcare HERE
Read the Executive Order on Protecting Young People from Conversion Therapy HERE.
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Arizona

Arizona Governor Doug Ducey signs three laws limiting transgender rights, abortion

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

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Arizonaā€™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 strugglingā€”and too often failingā€”to stop the takeover of their party by dangerous extremists. Todayā€™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 nationā€™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.

ā€œIn Arizona, we know there is immeasurable value in every life ā€” including preborn life,ā€ Ducey said in a signing letter. ā€œI believe it is each stateā€™s responsibility to protect them.ā€

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 ā€œgreater respect and understanding among ALL Arizonans.ā€

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.

ā€œWhile the problems transgender and nonbinary youth cause communities are hypothetical, the harms these laws will cause them are very real. Weā€™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 ā€” and 85% say recent debates around anti-trans laws have even further negatively impacted their mental health,ā€ said Sam Ames, Director of Advocacy & Government Affairs. ā€œToday 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.ā€

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