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Arizona Senate passes anti-trans ‘Save Women’s Sports Act’

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

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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

Ariz. governor vetoes anti-transgender, Ten Commandments bill

Katie Hobbs has pledged to reject anti-LGBTQ bills that reach her desk

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Arizona Gov. Katie Hobbs speaks with reporters at an April 8, 2024 press conference. (Photo courtesy of Hobbs’s Facebook page)

BY CAITLIN SIEVERS | A slew of Republican bills, including those that would have allowed discrimination against transgender people and would have given public school teachers a green light to post the Ten Commandments in their classrooms, were vetoed by Gov. Katie Hobbs on Tuesday. 

Hobbs, who has made it clear that she’ll use her veto power on any bills that don’t have bipartisan support — and especially ones that discriminate against the LGBTQ community — vetoed 13 bills, bringing her count for this year to 42.

Republicans responded with obvious outrage to Hobbs’s veto of their “Arizona Women’s Bill of Rights,” which would have eliminated any mention of gender in state law, replacing it with a strict and inflexible definition of biological sex. The bill would have called for the separation of sports teams, locker rooms, bathrooms, and even domestic violence shelters and sexual assault crisis centers by biological sex, not gender identity, green-lighting discrimination against trans Arizonans.

“As I have said time and again, I will not sign legislation that attacks Arizonans,” Hobbs wrote in a brief letter explaining why she vetoed Senate Bill 1628

The Arizona Senate Republicans’ response to the veto was filled with discriminatory language about trans people and accused them of merely pretending to be a gender different than they were assigned at birth. 

“With the radical Left attempting to force upon society the notion that science doesn’t matter, and biological males can be considered females if they ‘feel’ like they are, Katie Hobbs and Democrats at the Arizona State Legislature are showing their irresponsible disregard for the safety and well-being of women and girls in our state by killing the Arizona Women’s Bill of Rights,” Senate Republicans wrote in a statement. 

The Senate Republicans went on to accuse the Democrats who voted against the bill of endangering women. 

“Instead of helping these confused boys and men, Democrats are only fueling the dysfunction by pretending biological sex doesn’t matter,” Senate President Warren Petersen said in the statement. “Our daughters, granddaughters, nieces, and neighbors are growing up in a dangerous time where they are living with an increased risk of being victimized in public bathrooms, showers, and locker rooms because Democrats are now welcoming biological males into what used to be traditionally safe, single-sex spaces.”

But trans advocates say, and at least one study has found, that there’s no evidence allowing trans people to use the bathroom that aligns with their identity makes those spaces less safe for everyone else who uses them. 

In the statement, the bill’s sponsor, Sen. Sine Kerr (R-Buckeye), claimed that the bill would have stopped trans girls from competing in girls sports, something she said gives them an unfair advantage. But Republicans already passed a law to do just that in 2022, when Republican Gov. Doug Ducey was still in office, though that law is not currently being enforced amidst a court challenge filed by two trans athletes. 

Republicans also clapped back at Hobbs’ veto of Senate Bill 1151, which would have allowed teachers or administrators to teach or post the Ten Commandments in public school classrooms, a measure that some Republicans even questioned as possibly unconstitutional. 

In a statement, the bill’s sponsor, Sen. Anthony Kern (R-Glendale), accused Hobbs of “abandoning God” with her veto. 

“As society increasingly strays away from God and the moral principles our nation was founded upon, Katie Hobbs is contributing to the cultural degradation within Arizona by vetoing legislation today that would have allowed public schools to include the Ten Commandments in classrooms,” Kern said in the statement. 

In her veto letter, Hobbs said she questioned the constitutionality of the bill, and also called it unnecessary. During discussion of the bill in March, several critics pointed out that posting the Ten Commandments in public school classrooms, tenets of Judeo-Christian religions, might make children whose families practice other religions feel uncomfortable. 

“Sadly, Katie Hobbs’ veto is a prime example of Democrats’ efforts to push state-sponsored atheism while robbing Arizona’s children of the opportunity to flourish with a healthy moral compass,” Kern said. 

Another Republican proposal on Hobbs’s veto list was Senate Bill 1097, which would have made school board candidates declare a party affiliation. School board races in Arizona are currently nonpartisan. 

“This bill will further the politicization and polarization of Arizona’s school district governing boards whose focus should remain on making the best decisions for students,” Hobbs wrote in her veto letter. “Partisan politics do not belong in Arizona’s schools.”

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Caitlin Sievers

Caitlin joined the Arizona Mirror in 2022 with almost 10 years of experience as a reporter and editor, holding local government leaders accountable from newsrooms across the West and Midwest. She’s won statewide awards in Nebraska, Indiana and Wisconsin for reporting, photography and commentary.

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The preceding piece was previously published by the Arizona Mirror and is republished with permission.

Amplifying the voices of Arizonans whose stories are unheard; shining a light on the relationships between people, power and policy; and holding public officials to account.

Arizona Mirror is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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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, a major bill targeting trans people in schools 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. 

Most importantly, the bill would have placed the issues on the November election ballot, bypassing Arizona Gov. Katie Hobbs’ 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. Kavanaugh’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, “This 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.”

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 “no,” explaining his vote: “I 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.”

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 “Protect Kids California” 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 governor’s race, Republicans attempted to target Hobbs’ husband for providing counseling for trans youth in the closing weeks of the campaign — 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 bill’s defeat says in an election year, she responded, “we are also starting to see that Republicans recognize that anti-trans hatred and pure bigotry is not a big winner for them. It’s not like they have seen time and again, including here in Arizona, that this just doesn’t play well with voters. It doesn’t sit well with people.”

Esposito added a hopeful message: “The fact that we didn’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 … I think shows how the tide is turning in our favor.”

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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.

“Our LGBTQ+ community should never have to face hate and discrimination, and I will do everything in my power to fight for full equality,” said Governor Hobbs. “The 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.”

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 individual’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.

“Equality Arizona is excited to see Governor Hobbs take bold executive action to protect the LGBTQ+ community,” said Jeanne Woodbury, Interim Executive Director for Equality Arizona. “Protecting 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.” 

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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