Bill to define 2 sexes advances in Ariz. House
Measure would remove ‘gender’ from state laws
A bill aiming to change how state law defines gender moved one step closer to passing the Arizona Legislature after a contentious committee hearing where opponents warned it would increase harassment.
But it’s likely to be vetoed by Gov. Katie Hobbs if it passes the Legislature, which is advancing several bills directed at LGBTQ+ Arizonans. When asked about the legislation, a Hobbs spokesperson pointed to her previous vetoes of similar bills.
The “Arizona Women’s Bill of Rights,” introduced by Sen. Sine Kerr, R-Buckeye, would require state statutes and other public policies be revised to remove the term gender in favor of the term sex. The bill defines sex as only including two sexes, male and female, and requires public entities and schools to provide “single-sex” environments for athletics, living facilities, bathrooms and more.
At a House Judiciary Committee hearing on Wednesday, opponents of the bill said it will exclude nonbinary, transgender and intersex citizens from the definition of sex in the law.
Lisa Bivens, a local attorney, spoke at the hearing about the effect the bill could have on intersex people — those born with conditions that make their biological sex unclear. Bivens said doctors were unable to determine the sex of her daughter when she was born due to endocrine system issues.
“In my opinion, any law that tries to put humans into categories is going to be problematic, not only for children with my daughter’s condition and others that have other kinds of endocrine issues, but it’s also going to run afoul of equal protection issues,” Bivens said at the hearing.
Lawmakers spent nearly 30 minutes questioning Bivens about her daughter’s situation before voting on
party lines to pass the bill. Rep. Teresa Martinez, R-Casa Grande, voted in favor, calling the legislation “needed” because “we have confused what a fact is.”
“People are saying this is not a fact,” Martinez said. “We have two sexes, not three, they’re not subject for opinion.
There are facts, there is male and there is female, that’s it.”
Rep. Analise Ortiz, D-Phoenix, apologized to the hearing’s attendees for the “deeply offensive” remarks made by Republicans. Republicans on the committee objected to Ortiz’s apology.
“I say to the people here that I’m sorry because I know this legislation hurts,” Ortiz said. “But I want you to know that personally, I’m happy you’re here.”
Advocates said it’s aimed at protecting women and is not a “bathroom bill,” referencing attempts to restrict transgender people from using restrooms matching their gender identity rather than their biological sex.
“Despite what you may have heard, this bill does not create special rights for women, nor does it take away the rights of others,” said Christy Narsi, the national chapter director of the Independent Women’s Network.
Republican lawmakers have introduced a number this session targeting the LGBTQ+ Arizonans. A resolution aimed at preventing students from using their preferred name and pronouns at school without parental permission failed in the Senate last week after Republican Sen. Ken Bennett voted against it.
The “Arizona Women’s Bill of Rights” passed the Senate on party lines last week and faces a vote from the full House.