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LGBTQ rights in Arizona

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LGBTQ rights in Arizona
Arizona (US)
StatusLegal since 2001
Gender identityAltering sex on birth certificate requires SRS
Discrimination protectionsSexual orientation protections in state employment
Family rights
Recognition of relationshipsSame sex marriage legal since 2014
AdoptionYes

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Arizona 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. The state provides only limited protection against discrimination on the basis of sexual orientation and sexual identification.

Laws against homosexuality

The 2001 Arizona Equity Act repealed the state's sodomy laws.[1]

Same-sex marriage in Arizona

Main article: Same-sex marriage in Arizona
Map of Arizona cities and counties that offer civil unions or domestic partner benefits in particular cities.
  City offers unions granting rights similar to marriage
  City offers legislation granting domestic partnership
  County-wide partner benefits through domestic partnership
  State grants benefits to state employees
  No specific recognition of same-sex marriages or unions in state law

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.[2]

Adoption and parenting

Arizona permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoptions.[3] 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.[4]

Discrimination protection

See also: Arizona SB 1062
Map of Arizona cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation and gender identity solely in public employment
  Sexual orientation in public employment

Since an executive order issued by Janet Napolitano in 2003, Arizona has prohibited discrimination on the basis of sexual orientation in public employment.[5]

Discrimination in employment on the basis of both sexual orientation and gender identity is prohibited by Chandler,[6] Flagstaff,[7] Phoenix,[8] Scottsdale,[9] Tucson[10] and Tempe.[11]

Hate crime

Arizona includes sexual orientation as a protected group covered by its hate crimes law. Gender identity is not included.[12]

Gender reassignment

Arizona will issue new birth certificates to post-operative transsexuals.[13]


Summary table

Homosexuality legal Yes
Equal age of consent Yes
Anti-discrimination laws for sexual orientation Yes
Anti-discrimination laws for gender identity or expression No
Recognition of same-sex couples as domestic partners Yes
Step adoption by same-sex couples Yes
Joint adoption by same-sex couples Yes
Access to IVF for lesbians Yes
Same-sex marriages Yes
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

References

  1. ^ Lee Walzer, Gay Rights on Trial: A Reference Handbook (2002), 82
  2. ^ Westfall, Julie; Queally, James (October 17, 2014). "Arizona's gay marriage ban struck down, AG will not appeal". Los Angeles Times. Retrieved October 17, 2014.
  3. ^ Human Resources Campaign: Arizona Adoption Law, December 7, 2009, accessed April 10, 2011
  4. ^ "Brewer signs Arizona bill on adoption preference". Azcentral.com. Retrieved 2013-11-02.
  5. ^ "Executive order No. 2003-22: confirming equal employment opportunities". Arizona Executive Orders. Arizona Memory Project. Retrieved March 1, 2014.
  6. ^ 2014 MEI report
  7. ^ "An ordinance of the city council of the City of Flagstaff, Arizona, amending Flagstaff City Code Title 14, Human Relations, by adding Chapter 2, Civil Rights". City of Flagstaff. Retrieved May 25, 2013.
  8. ^ Gardiner, Dustin (February 26, 2013). "http://www.azcentral.com/community/phoenix/articles/20130226phoenix-discrimination-law-amend.html". The Arizona Republic. Retrieved February 26, 2013. {{cite news}}: External link in |title= (help); Italic or bold markup not allowed in: |publisher= (help)
  9. ^ "City Council Report". City of Scottsdale. November 20, 2007. Retrieved March 22, 2012.
  10. ^ "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Retrieved May 25, 2013.
  11. ^ Smith, Dylan (February 28, 2014). "Tempe joins Az cities barring discrimination against gays". Tucson Sentinel. Retrieved March 1, 2014.
  12. ^ Human Resources Campaign: Arizona Hate Crimes Law, October 3, 2008, accessed April 10, 2011
  13. ^ Human Resources Campaign: Arizona Birth Certificate Law: Gender Identity Issues, March 27, 2007, accessed April 10, 2011
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