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.
A ruling of the Ninth Circuit Court of Appeals has made gender identity-based discrimination illegal in the state under federal law, though the state provides only limited protection against discrimination on the basis of sexual orientation. 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.
Video LGBT rights in Arizona
Legality of same-sex sexual activity
The 2001 Arizona Equity Act repealed the state's sodomy laws and legalized homosexuality.
Maps LGBT rights in Arizona
Same-sex marriage in Arizona
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.
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.
Birth certificates
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 same-sex couples have the right to list both their names on their child(ren)'s birth certificate(s).
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 and Tempe.
Other cities including Chandler, and Scottsdale offer more limited protections.
Citing Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Arizona Court of Appeals upheld Phoenix's anti-discrimination ordinance in June 2018. Judge Lawrence Winthrop wrote in his decision:
Prohibiting places of public accommodation from discriminating against customers is not just about ensuring equal access, but about eradicating the construction of a second-class citizenship and diminishing humiliation and social stigma. The least restrictive way to eliminate discrimination in places of public accommodation is to expressly prohibit such places from discriminating... In light of these cases and consistent with the United States Supreme Court's decisions, we recognize that a law allowing appellants to refuse service to customers based on sexual orientation would constitute a 'grave and continuing harm'.
Schwenk v. Hartford
On February 29, 2000, citing Title VII case law, the United States Court of Appeals for the Ninth Circuit, which covers Alaska, Arizona, California, Idaho, Guam, Hawaii, Montana, Nevada, the Northern Mariana Islands, Oregon and Washington, ruled in favor of a transgender woman's claim of sex discrimination under the Gender Motivated Violence Act based on the perception that she was a man who failed to act like one. The Court noted that "the initial approach" taken in earlier federal appellate Title VII cases, which had dismissed gender identity discrimination, "has been overruled by the language and logic of Price Waterhouse." This made gender identity discrimination illegal in Arizona, despite it not being explicitly mentioned under state law.
Hate crime laws
Arizona includes sexual orientation as a protected group covered by its hate crime law. Gender identity is not included.
Gender identity and expression
Arizona will issue new birth certificates to post-operative transgender people.
Conversion therapy
The Pima County Board of Supervisors passed, in a 3-2 vote, an ordinance banning conversion therapy in exchange for a fee. The ordinance went into effect 30 days later.
Public opinion
A 2017 Public Religion Research Institute poll found that 63% of Arizona residents supported same-sex marriage, while 28% were opposed and 9% were unsure. Additionally, 73% supported an anti-discrimination law covering sexual orientation and gender identity. 20% were against.
Summary table
References
Source of the article : Wikipedia
0 Comments