No Sporting Chance: LGBTQ Inequality Under Gov. Ducey

For many Arizonans, Gov. Doug Ducey’s State of the State address on January 11 suggested that with the new year, we would be seeing a new, more compassionate course of action from the state’s executive branch. His address before a joint legislative session had the boilerplate promises of a conservative stump speech, including deregulation and lower taxes, but he also promised funding for a backlog of untested rape kits and improved access to Temporary Assistance for Needy Families. It was hardly a 180-degree turn, but it was a gesture of even-handedness.


If Arizona’s governor won’t fight for LGBTQ rights, it’s time for citizens to put pressure on their legislators.


Hopes, though, were quickly dashed. Two weeks later, Gov. Ducey gave dismissive responses to the media about Arizona’s legal protections for members of the LGBTQ community. Questions were prompted by Ducey’s comments at a kickoff event for college basketball’s NCAA Men’s Final Four tournament, which Glendale will host in April. Last year, the NCAA withdrew events from North Carolina in response the state’s notorious “bathroom bill,” which required transgender people at government facilities to use bathrooms that correspond to their sex ascribed at birth, not the sex with which they identify. The law, House Bill 2, also blocked cities and other jurisdictions from passing anti-discrimination laws that exceed the protections offered by the state.

While Arizona has never passed a law modeled quite like North Carolina’s House Bill 2, the state has had its own controversial bills that were hostile to LGBTQ rights. In 2013, the Arizona Legislature considered a bathroom bill of its own — one that ultimately didn’t pass — which would have granted businesses the power to deny bathroom access to people based on their gender identity or expression. In 2014, Gov. Jan Brewer responded to pressure and vetoed a bill that would have allowed businesses to discriminate against LGBTQ customers, as long as they claimed their actions were motivated by religious beliefs. The Human Rights Campaign gives Arizona a mixed review on its scorecard, noting support for same-sex marriage licenses and gender changes on government-issued identification, but not for transgender health care and other important policy matters. In fact, a bill currently under consideration, House Bill 2294, would remove coverage for gender-affirming medical procedures from AHCCCS, Arizona’s Medicaid program. Continue reading

The Nation’s — and Arizona’s — Road to Marriage Equality

Protesters advocate for marriage equality as the Supreme Court hears Hollingsworth v. Perry. Image: Victoria Pickering

Protesters advocate for marriage equality as the Supreme Court hears Hollingsworth v. Perry. Image: Victoria Pickering

June is often known as a big month for weddings. Last June, that was more true than ever as a political battle over the right to marry was in front of the Supreme Court.

In the spring and early summer of 2013 and the days and weeks leading up to the decision in Hollingsworth v. Perry, it was clear that no matter what that case decided about same-sex marriage, the public had decided in favor of marriage equality. Hollingsworth v. Perry challenged Proposition 8, a California same-sex marriage ban that was passed by voter initiative in 2008. The plaintiffs in the case charged that Proposition 8 violated the Constitution’s equal protection clause.


Arizona was the first state to defeat a ballot initiative against marriage equality, but it still doesn’t recognize same-sex marriage today.


Interest built as the case made its way through the U.S. District Court in San Francisco, the 9th U.S. Circuit Court of Appeals, and the Supreme Court. The attorneys challenging the ban were themselves a sign of the change taking place in the United States, as former rivals in the Bush v. Gore trial — the Supreme Court trial over the disputed 2000 presidential election — joined forces to challenge Proposition 8. David Boies, a Democrat who had represented Al Gore, joined Theodore Olson, a Republican who had represented George W. Bush.

Before agreeing to serve as counsel for the plaintiffs, Olson had been approached by backers of Proposition 8 to serve as their counsel. Olson declined on the grounds that the law was contrary to both his legal and personal views. However, a high-profile Republican had made the case that the tide was turning, and polling before the Hollingsworth decision provided proof in numbers. Support for marriage equality was growing across all major demographic sectors, and 14 percent of those polled by the Pew Research Center had switched from opposing to supporting marriage equality. A CBS News poll showed that a 53-percent majority now supported same-sex marriage. Alex Lundry, a data scientist who had worked on Mitt Romney’s presidential campaign, called it “the most significant, fastest shift in public opinion that we’ve seen in modern American politics.” At the same time, celebrities ranging from hip-hop artist Jay-Z to Baltimore Raven Brendon Ayanbadejo joined the fray as allies. Continue reading