Earlier this year I posted that Democrats should pursue a ballot measure in 2016 to amend the Arizona Civil Rights Act (ACRA) to prohibit discrimination on the basis of gender identity or sexual orientation in employment, public accommodations, and housing in the same manner as other protected classes currently covered under the ACRA.
This is broader coverage than the proposed federal Employment Non-Discrimination Act (ENDA).
I recommended a ballot measure because a version of this bill has been submitted in the Arizona legislature every year since at least 1994, but it has never been approved by the Arizona legislature.
Rep. Stefanie Mach (D-Tucson) has submitted this year’s version of the bill, HB 2188 (.pdf) employment, currently cosponsored by 9 Democrats, and HB 2189 (.pdf) housing, currently cosponsored by 3 Democrats. Lawmakers Try Again To Protect LGBT Community From Workplace Discrimination:
“Marriage equality happened through the courts, but we haven’t really seen equality, full equality, for people in that community yet and I think that part of that is making sure that nobody can be fired on the basis of gender expression or gender identity,” said Representative Stefanie Mach, D-Tucson, the primary sponsor who introduced the bill on Thursday along with five other sponsoring representatives and three senators.
Under federal law, it’s illegal for an employer to discriminate against an individual, through acts such as hiring and firing, based on race, religion, disability, sex and so on.
Those federal protections do not extend to the LGBT community, but roughly 20 states have passed legislation that do.
Arizona is not one of them, but Mach’s HB 2188 could change that by protecting individuals from employment discrimination based on gender, gender identity or expression and sexual orientation.
[HB 2189, also sponsored by Mach, would give the LGBT community similar protections from housing discrimination.]
My advice to these Democrats is the same advice I gave to Terry Goddard: run a “dual track” strategy — file the bills, but file a citizens initiative at the same time — then begin collecting petition signatures. This is how you gain leverage. “Y’all can work with me in passing these bills, or the citizens of Arizona are going to do it for you. What’s it going to be?”
Now that Arizona’s state-sanctioned discrimination against same-sex marriage has been struck down by the courts, and the U.S. Supreme Court is poised to rule on same-sex marriage at the end of June, the time has finally come to extend the full panoply of rights enjoyed by other Arizona citizens to the LGBT community.
Of course, there is a reason why a citizens initiative may be required, the usual suspects:
Cathi Herrod, president of the Center for Arizona Policy, the same Christian organization that strongly supported last year’s controversial religious freedom bill, Senate Bill 1062, which was ultimately vetoed by then-Governor Jan Brewer. said she will fight Mach’s [bills].
Because haters gotta hate. It’s how they earn their pay.
The federal courts have struck down as unconstitutional Article 30 of the Arizona Constitution, approved by voters as Proposition 102 (2008), amending the Arizona Constitution to define marriage as being between a man and a woman only. Same-sex marriage is now a reality in Arizona.
This artifact of state sanctioned discrimination should be repealed and removed from the Arizona Constitution, much in the same way that former slave states repealed constitutional provisions for slavery and Jim Crow laws in state constitutions.
There is no good reason why the Arizona legislature should not refer repeal of Prop. 102 (1998), now dead letter law, to the ballot. If not, it should be repealed by a citizens initiative.
This pair of ballot measures should run together as companion measures.
I am not very optimistic this law – which should pass and become law – will pass by the Legislature. It is an excellent idea to suggest a dual pronged effort with a citizen’s initiative running parallel to the legislation. Unfortunately, I don’t think the Legislature will see it as much of a threat because the history of similar initiatives passing has not been good.
Given the Legislature is probably a non-starter, what can be done to make the citizen’s initiative more likely to be approved by the voters? I know that I would circulate petitions to get it on the ballot, but there has to be more that can be done…
Equality yes, but the Lesbians, Gays, Bisexuals, Transsexuals (LGBT) need to learn one lesson! Not to beat down, manipulate, deceive, blackmail, humiliate into submission the object or person of their affection or desire if the object or person of their affection or desire doesn’t want it. “LEAVE THEM THE FUCK ALONE”! PERIOD! END OF DISCUSSION! “MAKE THAT A FUCKING LAW”!!! You have come a long way “DONT MESS IT UP”!
The Republican controlled legislature will never send a repeal of Prop 102 to the ballot. They want discrimination enshrined for all eternity.