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Stories tagged with “Arizona

LGBT

Arizona Lawmaker Now Wants To Enshrine Transgender Discrimination Into Law

Last week, Arizona state Rep. John Kavanagh (R) introduced a new bill that would have prosecuted transgender people with a class 1 misdemeanor for using the appropriate bathroom according to their gender. The backlash for this odious proposal was swift, and a newly formed committee has filed paperwork for a recall election to remove Kavanagh from office. Now, he has scrapped his original proposal for a new bill that enshrines anti-trans discrimination into Arizona law.

As he did the first time, Kavanagh scrapped the language from a different bill, SB 1045 — which originally addressed the professional conduct of health professionals — to serve as a shell for his discrimination bill. Though he’s no longer calling for criminal sanctions, his new bill prohibits any Arizona municipality from creating nondiscrimination protections based on gender identity:

A. The regulation of access to privacy areas in places of public accommodation based on gender identity or expression is of statewide concern and is not subject to further regulation by a county, city, town or other political subdivision of this state.

B. A county, city, town or other political subdivision of this state shall not enact or enforce an ordinance or policy that requires a person or business to regulate access to privacy areas based on gender identity or expression.

C. No person or business shall be civilly or criminally liable for denying access to privacy areas based on gender identity or expression.

D. This section does not prohibit a person or business from allowing access to privacy areas based on gender identity or expression.

E. Any ordinance or policy that relates to access to privacy areas based on gender identity or expression that is inconsistent with this section is void and of no force or effect.

Kavanagh’s bill specifically targets the city of Phoenix, which passed sweeping nondiscrimination protections, ensuring all LGBT people have access to employment, housing, and public accommodations without fear of discrimination. If this were to pass into law, those protections would be voided and anybody who wishes to reject service to a transgender person would be free to do so in the state of Arizona. Kavanagh’s effort is nothing less than a proposed license to discriminate.

LGBT

Arizona Lawmaker Introduces Bill To Prosecute Transgender People Who Use The ‘Wrong’ Bathroom

Erica Keppler, who advocated for Phoenix's nondiscrimination protections, could face arrest for using the women's restroom under this law.

Last month, the City Council of Phoenix, Arizona passed sweeping nondiscrimination protections, ensuring that people have equal access to employment, housing, and public accommodations regardless of their sexual orientation or gender identity. One state lawmaker, Rep. John Kavanagh (R) is not pleased that transgender people will be protected when using the correct bathroom, and so he has introduced a new bill to ban them from doing just that.

Kavanagh gutted a Senate Bill about a Massage Therapy Board to use as a shell for his new amendment, which prohibits a person from entering a “public restroom, bathroom, shower, bath, dressing room, or locker room” if the sex designation of that facility does not match the individual’s birth certificate. He defended his “show your papers to pee” bill in an interview with 12 News Phoenix:

KAVANAGH: The city of Phoenix has crafted a bill that allows people to define their sex by what they think in their head. If you’re a male, you don’t go into a female shower or locker room, or vice versa. It also raises the specter of people who want to go into those opposite sex facilities not because they’re transgender, but because they’re weird.

Watch it:

Violating this law would constitute “disorderly conduct” and could be prosecuted as a class 1 misdemeanor. The bill describes itself as “an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.” Inappropriate behavior, such as the potentially harmful or invasive actions of the “weird” people Kavanagh referenced, is already illegal.

In Arizona, it is possible for transgender people to receive a new birth certificate with their proper gender, but only if they undergo gender reassignment surgery, which not all trans people choose to pursue. In addition to being quite expensive, it also results in sterilization. Were Kavanagh’s bill to pass, trans people would have to sacrifice their ability to ever have children just to legally use the proper bathroom.

Justice

As Recall Looms, Arizona Republicans Pass Bill To Make It Harder To Remove Anti-Immigrant Sheriff


Maricopa County, Arizona Sheriff Joe Arpaio may be the most despicable law enforcement officer in the country. A Justice Department legal complaint against his office alleges widespread constitutional violations and mistreatment of Latinos, including an alleged assault against a pregnant Latina woman, widespread racial profiling and use of racial slurs, and incidents where “female Latina [limited English proficiency] prisoners have been forced to remain with sheets or pants soiled from menstruation because of [the Maricopa County Sheriff's Office's] failure to ensure that detention officers provide language assistance in such circumstances.”

He also may not be sheriff much longer, as an effort to recall Arpaio already collected 120,000 of the 335,000 signatures needed to force a recall election.

A bill that passed the GOP-controlled Arizona House of Representatives could make Arpaio very difficult to defeat, however. Currently, a recalled official in Arizona faces a single election that could include challengers from their own party. The GOP bill would change this process so that the parties would choose their candidates in a primary election, and then Arpaio would likely face the winner of the Democratic primary in the general election.

The reason why this change matters is because Maricopa County is very Republican — Romney won the county by nearly 12 points — so it would be difficult for a Democrat to defeat Arpaio in a one-on-one race. At the same time, Maricopa’s Democratic voters could potentially join with a minority of the county’s Republicans in order to elect a Republican challenger to Arpaio. Indeed, this is exactly what happened when Democrats joined with some Republicans to remove anti-immigrant Senate President Russell Pearce (R) and replace him with Republican challenger Jerry Lewis in a 2011 recall election.

In other words, it may be the case that a majority of Maricopa’s voters want to remove Arpaio, and thus he could lose a recall election under the current rules. Under the GOP House’s bill, however, Arpaio would likely have a clear shot to survive the recall election so long as a majority of the county’s Republicans vote for him in the primary election.

Justice

How Arizona Republicans Are Already Planning To Exploit A SCOTUS Decision Against The Voting Rights Act


The justices are still considering a case that could potentially invalidate a key provision of the Voting Rights Act, but Arizona Republicans are already pushing legislation that’s unlikely to survive contact with the landmark voting rights law if it is not struck down by the Court.

The Arizona Senate recently passed a bill which makes it a felony for anyone working or volunteering on behalf of a political committee or other organization to deliver mailed ballots to a polling place — a bill which could significantly undermine voter turnout efforts in Latino communities. Arizona is one of nine states that must, because of the Voting Rights Act, submit any new voting law to the Justice Department or a federal court to ensure that the law “neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color.”

In 2011, Latino voter turnout jumped nearly 500 percent in one district in Phoenix, Arizona. That same year, Russell Pearce, the former state senate president behind Arizona’s anti-immigrant SB 1070, was recalled from office. In both cases, a major driving force was grassroots volunteers — often high school students — who provided full-service voter turnout operations in Latino communities. These grassroots campaigns would identify voters who received mail in ballots but had not yet returned them, encourage the voter to fill out the ballot, and offer to return it to the polling place in order to make it as easy as possible for the voter to vote. Last year, the Campaign for Arizona’s Future, used this technique to turnout voters opposed to anti-immigrant Sheriff Joe Arpaio last year. They claim to have turned in nearly 1400 votes using the method that Arizona Republicans now want to criminalize.

So, while there’s nothing inherently racist about regulating how ballots are cast, the bill that recently passed the Arizona senate targets a method of voting that is likely to be unusually common among Latino voters. In other words, the law likely has the “effect of denying or abridging the right to vote on account of race or color,” and thus is unlikely to survive review under Section 5 of the Voting Rights Act — unless, of course, the Supreme Court strikes down Section 5.

Seemingly-neutral laws that have a disproportionate impact on minority voters are a common tactic by Republican lawmakers. Voter ID laws, restrictions on registration drives and attacks on early voting all have the effect of making minority voters less likely to vote. As President Lyndon Johnson explained when he originally proposed the Voting Rights Act, “every device of which human ingenuity is capable” will be used by politicians eager to keep certain voters from casting a ballot.

Health

GOP Governor Begs Her Party To Expand Medicaid: ‘The Human Cost Of This Tragedy Can’t Be Calculated’

Jan Brewer (R), Arizona’s combative GOP governor, stunned political observers and health care reform advocates when she became the third Republican governor to endorse Obamacare’s expansion of the public Medicaid program. That decision is great news for Arizona’s poor and uninsured, as well as for the state’s budget. But it’s been met with fierce resistance from state lawmakers in Brewer’s own party, setting up an unusual showdown between Brewer, hospitals, doctors, and reform advocates on one side, and Republican state lawmakers — who Brewer must still persuade to pass legislation accepting the Medicaid expansion — on the other.

That’s why on Wednesday morning, flanked by Arizona public health officials on the steps of the state Capitol, Brewer begged reticent GOP lawmakers — many of whom showed up in black to protest Brewer’s decision — to look past politics and understand the human and financial toll that failing to pass the expansion would instill on Arizonanas. “The human cost of this tragedy can’t be calculated,” Brewer said. “Remember, there is no Plan B.” Brewer estimated that 50,000 low-income Arizonans would lose health coverage without the expansion.

Study after study has shown that expanding Medicaid is the right move for states’ budget, the poor, and the uninsured, especially considering that the federal government will fully finance states’ Medicaid expansions for the first three years. Republican governors, faced with the reality that Obamacare is here to stay, have finally been inching away from their knee-jerk opposition to the Medicaid expansion after intense lobbying from hospitals and advocacy groups.

But skeptics — particularly GOP lawmakers in Republican-led states open to the expansion — are wary of increasing their Medicaid pools, warning that the federal government may renege on its promise to provide the lion’s share of funding for the expansion. GOP governors will need these lawmakers’ support to actually expand Medicaid, and as Brewer’s example demonstrates, that could make for some intra-party conflict in the eight GOP-led states whose leaders have embraced the expansion.

Immigration

Gov. Jan Brewer Claims Immigrant Detainee Release ‘Could Be Payback’ To Make Arizona ‘Squirm’

Anticipating broad automatic spending cuts that kick in on Friday, Immigration Customs Enforcement announced it would release up to 10,000 nonviolent detainees from detention centers nationwide. The news this week finally provoked outrage from Republicans who have so far played down the consequences of the sequester.

On Fox News, Arizona Governor Jan Brewer (R) claimed Friday there is another reason entirely for the release. According to Brewer, detainees were released across the country as part of a tit for tat scheme to get back at the governor and state:

JAN BREWER: [Janet Napolitano] is in the position, as is the President, they ought not to be in the position of surprise and they are the people who are putting everybody else in the mode of surprise. Chaos. It is simply total chaos, and it’s the blame game.

BILL HEMMER (HOST): Why do you think this happened in Arizona, in your state? What do you think?

BREWER: Well, you know, I personally believe that it could be pay back, it could be to punish Arizona, make them squirm. They are pushing back on what we are pushing on. Because we want our borders secured. And we’re strong about it; we believe in the rule of law, which they should be upholding. And they’re not. [...]

HEMMER: Do you think they are picking on you?

BREWER: I think it’s obvious they are doing everything in their power. This is just another notch in their belt bucket if you will. They are suing Arizona, when did you see the federal government sue a state?

As Elise Foley notes, “detaining immigrants is an expensive business, with an average daily cost of $122 to $164 per person, according to the American Civil Liberties Union.” Alternative methods, such as meeting with a caseworker or wearing an ankle bracelet, cost as low as 30 cents per person. The number of detainees has grown to more than 400,000 in the same period ICE’s budget has increased 87 percent since 2005.

In Arizona, ICE says it released 300 people this week and will supervise them using alternative methods, while another 2,280 remain in custody.

Justice

Reagan-Appointed Former U.S. Attorney Touts Medical Marijuana

Countless individuals have publicly attested to medical marijuana’s singular effectiveness in alleviating pain, nausea and other suffering. But to those who doubt the credibility of those sources, along comes a tough-on-crime prosecutor. Former U.S. Attorney Mel McDonald, who was a self-professed drug warrior when he was appointed by President Ronald Reagan, is now coming out as an avid supporter of medical marijuana. In a YouTube video, he explains his son’s medical transformation after trying the substance:

On August 8, 1997, my stepson Bennett Black was involved in an accident in Gilbert, Arizona. He was crossing the street on a go-pad and was hit by a vehicle going 45 miles an hour. Since 1998, he has had dozens upon dozens of seizures involving epilepsy. There is constant 24-hour nausea. My son had gone from 180 pounds to 119, was literally starving to death. A dear friend had given him some marijuana, illegal at the time, to use thinking that that marijuana would help his condition.

With all of the medicines that we’ve used since 1997, not one has ever been able to solve the problem of the deep and acute nausea other than marijuana. Do not criminalize people that are desperately needing medicine to help them eat and remain alive. Don’t criminalize it and force people like my wife to go underground and to commit crimes to spare the life of her son.

WATCH IT:

McDonald’s state of Arizona now has a medical marijuana law and dispensaries are just starting to emerge, although medical marijuana remains federally illegal. But the video is being circulated after a Republican lawmaker sponsored a ballot initiative to repeal the state’s law. The law is also embroiled in litigation over whether it is preempted by federal law, after Maricopa County appealed a ruling that the law is constitutional.

McDonald, also a former judge and law professor, has become a vocal advocate over the past few weeks, aiming to dispel stereotypes about the types of people who support medical marijuana. In an interview with the Huffington Post, he explains:

Marijuana is the one plant out there that solves enormous problems for people with not only a seizure disorder like my son, but also with cancer and other illness. What I’ve tried to do is to become a vocal proponent that this is not contrived. You don’t have to be riding a skateboard with long hair and be a hippy to realize that there are genuine people that need this. And people that take efforts to block it … [are] just wrong.

Immigration

More Agents Patrol Arizona’s Border Than Ever Before, But Arrests Drop To Historic Low

As Congress takes up comprehensive immigration reform, House Republicans have insisted the U.S. needs increased border security before even considering earned citizenship for undocumented immigrants.

However, arrests at the border have dropped dramatically in Arizona to their lowest level in 19 years, even though more agents are deployed there than ever before:

The agency reported that apprehensions dropped to 124,631, a drop of more than 43 percent in the past two years and more than 82 percent since the highest mark in 2000.

Meanwhile, the number of agents stationed in Arizona rose to its highest level, with more than 5,100 in the state:

There is no clear relationship between the 21,000 agents patrolling the border and increased security. While the U.S. spends $18 billion on immigration enforcement, border crossings are at a 40-year low with net undocumented immigration at or below zero.

The Arizona Daily Sun recently warned against sidelining immigration reform with too many prerequisites for border security, arguing, “it is no longer justifiable to hold immigration reform hostage to an undefined “secure” border because of federal inaction.” The Arizona Republic wrote, “The plan devotes a great deal of emphasis to border security, promising more resources for an effort that already has seen years of extensive expenditures on infrastructure, technology and Border Patrol agents.”

Even Republicans, like Sen. John McCain (R-AZ), admit that the border is more secure than ever before. Meanwhile, there is more than enough economic and historic evidence for why the debate needs to focus on citizenship, and not border enforcement.

Health

Federal Judge Prevents Arizona From Defunding Planned Parenthood

In a blow to anti-abortion activists looking to use Planned Parenthood as a political pawn in their crusade against women’s reproductive health rights, a federal judge has overturned an Arizona law signed by Gov. Jan Brewer (R) in May 2012 that prohibits using Medicaid funds for services provided by Planned Parenthood facilities in the state.

Judge Neil Wake ruled that Arizona residents “are entitled to get their services from any qualified medical provider,” and the fact that Planned Parenthood provides some abortion-related services does not disqualify the organization from being a “qualified provider,” as the law claimed it did.

State and federal GOP officials have been tripping over each other to strip Planned Parenthood of its federal funding — even though federal dollars can’t be used to cover abortion services, through Planned Parenthood or any other medical provider. Planned Parenthood is actually simply a health care provider for low-income women in the Medicaid program, providing them with preventative screenings and family planning services.

Republican efforts to defund Planned Parenthood have already taken a toll on low-income women in states like Texas, where the war against the provider has sharply curtailed the number of doctors and services available to women, and Oklahoma, where women’s health clinics have been forced to close. But federal courts have consistently ruled that efforts to cut off Medicaid funding to Planned Parenthood is an overreach, stripping low-income women of essential medical resources.

Wake’s injunction against the Arizona law has already been appealed.

Justice

Report: Border Patrol Shot 16-Year-Old 11 Times In The Back

Credit: Charlie Leight, The Arizona Republic

On October 10, a U.S. Border Patrol agent shot and killed 16-year-old Jose Antonio Elena Rodriguez at the border of Mexico and Arizona. According to details in a new autopsy report, Elena Rodgriguez may have been shot as many as 11 times, all but one bullet hitting the teen from behind.

The details are still emerging in an ongoing FBI investigation. Officials say an agent opened fire on the Mexican teen, who was throwing rocks over the border fence. Under the Border Patrol’s current policy, lethal force can be used against someone throwing rocks if agents view a threat. But according to Nogales, Arizona police, it is extremely unlikely those rocks could have hit someone standing next to the fence.

An independent medical examiner who was not involved in the autopsy said the shooting “could be consistent with someone being shot and falling, with subsequent shots hitting the prone body.”

Since 2010, Border Patrol agents have killed at least 19 people. These investigations take years to resolve, and even then it is “extremely rare” for border authorities to face criminal charges. The Department of Homeland Security is reviewing its policy that allows deadly force against rock-throwers, as its current policies face sharp criticism of human rights abuse.

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