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

International Day Against Homophobia & Transphobia

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That’s tomorrow — May 17.

The International Day Against Homophobia and Transphobia.

Homophobia and transphobia — or rather, anti-gay and anti-trans thoughts, words, and actions — are deeply rooted in many cultures, including inside the United States. In reality, they need far more than one day of discussion and recognition. One day is not enough.

When I started thinking about this post, I thought of all the ways such sentiments show up in everyday life. It’s so much that I couldn’t possibly write everything. Then I thought some more — this was when Arizona SB1432, the “show your papers to pee” bill, was topping my newsfeeds — and it occurred to me how very much of this discrimination has been coded into law, is being encoded into law even now.

Even then, I had to narrow my search parameters — to the United States, to the relatively recent past. Otherwise, it’s just too much.

And even then, a lot of the bias remains in what’s not covered — people and situations for which the law does not provide. For groups of people who are still discriminated against, harassed, threatened, assaulted, killed by individual citizens or private organizations — this lack of necessary legislation still causes active harm.

This first set examines a number of laws — some national, some state — and Supreme Court rulings from the recent past.

1960 — Is as good a place to start as any. This is because in 1960, every state in the United States maintained laws against sodomy. Illinois was the first state to repeal its statute in 1961; Arizona followed suit 40 years later.

1967 — In Boutilier v. Immigration and Naturalization Service, the United States Supreme Court held that gay folk were included under those “afflicted with psychopathic personality.” They could thus be refused admission — or deported — simply for being gay. This remained in effect until immigration law was reformed in 1990. Continue reading

Becoming a Woman

Vagina. It is a fairly innocuous word, don’t you think? But in today’s America, it has become more than a correct clinical term for female genitalia; it has become a naughty word. Suddenly, in a presidential election year notable for its lack of substance and abundance of acrimony, the vagina has taken center stage. The rules, however, for its inclusion seem to be muddy. Countless state legislatures have passed increasingly draconian laws that relate directly to the vagina. Ironically, the majority of people who have been most vocal in anti-vagina activities do not have one. In Michigan, at least, it has even become a word whose use can get you banned from speaking on the legislative floor. Love, lust, empowerment: These are all words that describe feelings different people have about vaginas. But what about envy?


The closer I am to getting a vagina, the more I understand that I don’t actually need one to be the woman I am.


A few days ago, I received a private Facebook message from a dear friend. It began, “I got to see my vagina today. For the very first time, my vagina. I know you know how significant that is and I only wish the same for you and soon. It will change your life.”

My friend, Natasha, sent this from her hospital room in Montreal, where she is recuperating from the most significant surgery anyone like us can ever undergo: gender affirmation surgery. We are transgender, which, for those few of you who might not know, is the phenomenon where the gender identity that is programmed into the brain of a fetus does not coincide with the physical sex into which that fetus develops. To make a million long stories short, it is unarguably one of the most painful conditions imaginable, largely because the person suffering from it has to fight tooth and nail to make people understand that it’s real. Continue reading