LGBTQ Legislation in Arizona

Phoenix Gay Pride Parade, 2010. Photo: Fritz Liess via Flickr

Phoenix Gay Pride Parade, 2010. Photo: Fritz Liess via Flickr

I’m certain everyone read yesterday’s post on the International Day Against Homophobia and Transphobia (that’s today) and thought, “I’m so glad I live in Arizona, where the state legislature and judiciary would never further oppress an already marginalized group of people!”

Right?

Right?

Of course, the reality is that even recent Arizona lawmakers have established a trend of creating legislation that further harms women, people of color, and poor people. Sadly, we can add gay people and trans* people to that list as well.

Adoption Law — While the state’s current adoption statute allows unmarried people, regardless of sexual orientation or gender identity, to petition to adopt, only a “husband and wife” may jointly adopt children. It does not provide for joint adoption by people in other domestic partnerships. In fact, if other factors are equal, current law gives explicit placement preference to “a married man and woman.” Moreover, additional legislation has been introduced at least twice — once in 2006 and once in 2010 — to attempt to require adoption agencies to give “primary consideration” to married couples seeking to adopt.

Speaking of Marriage — Queer folk can’t do that here. If they do get married in a place where the local legislation allows it, the state of Arizona won’t recognize the marriage.

Birth Certificates — The statute does allow for an amended birth certificate if the person applying for such has had “a sex change operation” (sex reassignment surgery) and a note from their doctor saying as much. Certainly this is preferable to not having the option. However, it ignores some of the realities of sex reassignment surgery — that it can actually be a number of surgeries, that it comes with risks (e.g., general anesthetic) that can make it unworkable for some people, that it’s expensive and generally not covered by insurance, that providers are few and far between. Continue reading