LGBT rights in Arizona

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBT residents.  Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt.  Nevertheless, the state provides only limited protections against discrimination on the basis of sexual orientation and gender identity.  Several cities, including Phoenix and Tucson, have ordinances in place designed to protected LGBT people from discrimination.  Phoenix is home to a large LGBT community.  The first Phoenix Pride parade took place in 1981, and now attracts thousands of attendees every year. 

History
Arizona has been inhabited by indigenous peoples for thousands of years.  Similarly to many Native American tribes in the United States, these groups have traditions of cross-dressing and gender variance, and had perceptions of gender and human sexuality different to that of the Western world.  There were no legal or social punishments for engaging in same-sex sexual activity. 

Nádleehi ( or nádleehé; literally one who constantly transforms) refers to individuals who are a "male-bodied person with a feminine nature".  Historically, the Navajo recognized four gender roles: asdzáán (feminine female), hastiin (masculine male), dilbaa (masculine female), and nádleehi (feminine male).  The nádleehi identity is fluid, and such individuals may display both male and female characteristics.  Due to the perceived "balance" between both sexes, they were typically chosen for certain societal and communal roles, such as spiritual healers.  They would traditionally wear female clothes and do female work, and some would have sexual relations with men which was accepted by the tribe. ( See also "LGBT rights in the Navajo Nation")

The Tohono O'odham recognize the term wi:k’ovat, which refers to individuals who are assigned male at birth but act, dress and behave as female.  Other people groups recognize similar terms in reference to transgender people and gender variance; male-to-female individuals are hova among the Hopi, alyha among the Mohave, ilyaxai' among the Maricopa, tüwasawuts among the Southern Paiute, ndéʼsdzan among the Western Apache, elxa' among the Quechan, and elha among the Cocopah, whereas female-to-male individuals are hwame among the Mohave, kwiraxame' among the Maricopa, kwe'rhame among the Quechan, and warrhameh among the Cocopah.  Nowadays, the term "two-spirit" is increasingly used to refer to these identities. 

The relative openness to these different gender identities mostly disappeared after European settlement.  Even among the Native Americans, societal perceptions began to change.  Owing to the introduction of a more stringent set of beliefs on gender and sexuality by the Europeans, nádleehi became the subject of ridicule.  Today, LGBT Navajo may find it difficult being accepted by their family, with 70% of LGBT Navajo youth reportedly attempting suicide. 

Sodomy laws were first enacted after modern-day Arizona became part of the Spanish Empire, later joining the newly independent Mexico and finally the United States.  Shortly after the Arizona Territory was established in 1863, the Arizona Territorial Legislature passed a criminal code containing provisions banning sodomy with five years' to life imprisonment.  It was extended to include fellatio in 1912, while the penalty for sodomy was reduced to one to five years' imprisonment.  As was the case for sodomy laws at the time, the code punished both heterosexual and homosexual conduct.  In 1951, the penalty was changed to five to twenty years' imprisonment, and further crackdowns on homosexual activity were passed, requiring all those convicted under the sodomy laws to register with the local sheriff and report any change in address.  Over the following years, the Arizona Supreme Court rejected multiple challenges that the law was vague and unconstitutional. 

In the summer of 1979, the Spiritual Conference for Radical Fairies took place at the Sri Ram Ashram near Benson, in which participants sought to expand the ideas of spirituality within the context of gay liberation. 

Legality of same-sex sexual activity
The Arizona Equity Act of 2001 repealed the state's sodomy laws and legalized homosexuality. 

Recognition of same-sex relationships

Arizona has recognized same-sex marriage since being forced to end enforcement of its statutory and constitutional bans on same-sex marriage by the decision of a U.S. district court on October 17, 2014. 

In November 2006, Arizona voters rejected Proposition 106, which would have banned same-sex marriage and any legal status similar to marriage (such as civil unions or domestic partnerships).  Two years later, however, Arizona voters approved the less restrictive Proposition 102 which amended the Constitution to ban the recognition of same-sex marriage.  With no constitutional ban on domestic partnerships or civil unions, several cities, including Phoenix, Bisbee, Tucson, Flagstaff and more, subsequently enacted such measures. 

Adoption and parenting
Arizona permits adoption by individuals.  There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions.  However, state law requires adoption agencies to "give primary consideration to adoptive placement with a married man and woman".  Agencies may place a child with a legally single person if it is in the child's best interest or if there is not a married couple available. 

In addition, lesbian couples have access to assisted reproduction services, such as in vitro fertilization.  State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor inseminmnation, but only if the parents are married. 

In September 2017, the Arizona Supreme Court unanimously ruled that same-sex spouses have the same parental rights as opposite-sex spouses under state law.  Basing their ruling on Obergefell v. Hodges and Pavan v. Smith, the court concluded that married same-sex couples have the right to list both their names on their child(ren)'s birth certificate(s). 

De jure, surrogacy is prohibited under Arizona law.  However, surrogacy arrangements routinely occur in the state.  Couples often petition courts for an order declaring them the legal parents of a child born through a surrogate. 

Discrimination protections

Since an executive order issued by Governor Janet Napolitano in 2003, Arizona has prohibited discrimination on the basis of sexual orientation in public employment. 

Discrimination in private employment on the basis of both sexual orientation and gender identity is prohibited in Flagstaff, Phoenix, Sedona, Tucson, Tempe, and Winslow.  Other cities including Chandler, Gilbert, Glendale, Mesa, and Scottsdale offer more limited protections. 

In February 2014, Governor Jan Brewer vetoed a "religious freedom" bill which would have granted any individual or legal entity an exemption from any state law if it substantially burdened their exercise of religion, widely reported as targeting LGBT people. 

Citing Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Arizona Court of Appeals upheld Phoenix's anti-discrimination ordinance in June 2018, after a legal challenge seeking to strike it down was filed in 2016.  Judge Lawrence Winthrop wrote in his decision:

Hate crime law
Arizona includes sexual orientation as a protected category covered by its hate crime law.  Gender identity is not included, though federal law covers crimes triggered by the victim's gender identity since the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was signed into law in October 2009. 

Gender identity and expression
Arizona will issue new birth certificates to post-operative transgender people.  Other requirements include a court ordered name change and the payment of the appropriate fees. 

On 25 April 2019, the Arizona Supreme Court ruled that family courts have the authority to determine the type of care a transgender child can receive, but only in limited circumstances.  In a case that centered on a divorced couple who disagreed on how to care for their child with gender dysphoria, the court held that "when an impasse occurs, the court is authorized to determine not only the parenting plan element in dispute, but also other factors that are necessary to promote and protect the emotional and physical health of the child".  The case was remanded to the family court with the directive that any future directives be narrowly tailored and supported by evidence that harm is imminent for the child. 

Conversion therapy

The Pima County Board of Supervisors passed, in a 3–2 vote, an ordinance banning conversion therapy.  Offenders may pay up to 2,500 dollars in fines.  The ordinance went into effect 30 days later. 

No promo homo law

In April 2019, the Arizona State Legislature repealed a 1991 law that prohibited AIDS- and HIV-related instruction that "promotes a homosexual life-style", "portrays homosexuality as a positive alternative life-style", or "suggests that some methods of sex are safe methods of homosexual sex."  Due to several pending court cases, the constitutionality of the law was questioned.  For the repeal, the House vote was 55-5, and the Senate vote was 19-10.  The repeal went into effect on July 1, 2019. 

State Senator Sylvia Allen, a Republican, subsequently attempted to introduce a similar law.  She proposed removing the word "homosexuality" from public school curricula and preventing any sex education before age 12.  The legislation was scheduled to be heard by Arizona's Education Committee in January 2020, but the hearing was postponed so the proposal could be revised. 

Public opinion

Public attitudes and opinions toward the LGBT community have evolved significantly in the past decades. 

A 2003 poll commissioned by the Northern Arizona University found that 54% of Arizonans opposed same-sex marriage, while 42% were in support.  Subsequent polls recorded similar numbers.  In 2013, a poll by Rocky Mountain Poll showed a 55% majority in favor of same-sex marriage, and opposition at 35%.  Support then fell slightly to below 50% after the legalization of same-sex marriage in 2014, but then increased again, reaching 62% in 2016. 

A 2017 Public Religion Research Institute (PRRI) poll found that 63% of Arizona residents supported same-sex marriage, while 28% opposed it and 9% were unsure.  The same poll found that 73% of Arizonans supported an anti-discrimination law covering sexual orientation and gender identity, while 20% were opposed.  Furthermore, 59% were against allowing public businesses to refuse to serve LGBT people due to religious beliefs, while 35% supported allowing such religiously-based refusals. 

Summary table

References

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Category:Arizona law
Rights
Arizona
Category:Politics of Arizona