Gov. Katie Hobbs swats down two anti-LGBTQ bills

Republicans in the Arizona State Legislature have been relentless this session in their assault on pronouns, drag queens and LGBTQ people. But Gov. Katie Hobbs has swiftly slayed the two anti-LGBTQ bills to land on her desk.

Several other bills targeting LGBTQ Arizonans are likely headed her way.

Hobbs added to her historic veto record on May 19 when she killed SB 1001, a measure that barred teachers and school staff from referring to students younger than age 18 by their preferred pronouns without written consent from the child's parents. Even with parental permission, school employees still could choose not to use the student’s preferred pronouns if it goes against their moral or religious convictions.

“As politicians across the country continue to pass harmful legislation directed at transgender youth, I have a clear message to the people of Arizona: I will veto every bill that aims to attack and harm children,” Hobbs said in her veto letter to Senate President Warren Petersen. 

SB 1001 was sponsored by State Sen. John Kavanagh, a Fountain Hills Republican who has spent more than a decade in the legislature peddling hateful bills.

‘Gender identity is a protected class’

In a January interview with Phoenix New Times, Kavanagh recognized that if his bill passed, LGBTQ students “wouldn’t get the affirmation they’re asking for." But he turned the blame on the children. By using preferred pronouns, “you’re forcing people to call you something against their beliefs," he said.

Kavanagh argued that calling a student by “an improper pronoun or first name” is a violation of parental rights.

In January when the bill first aired, Equality Arizona Interim Executive Director Jeanne Woodbury raised constitutional concerns about SB 1001. “I can’t see how that’s not a violation of free speech,” she told New Times. “We have the right to identify how we want. We have the right to ask people to respect our identities. It’s a blatantly unconstitutional idea.”

Woodbury wasn’t the only one who had concerns about the constitutionality of the bill. The Senate’s own attorney, Chris Kleminich, warned Senators at a February hearing that he had “constitutional concerns” about the bill.

Kleminich cited the U.S. Supreme Court’s landmark 2020 decision in Bostock v. Clayton County, which held that the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964 includes discrimination based on gender identity.

“Gender identity is a protected class,” Kleminich warned the Senate Rules Committee.

Despite overwhelming testimony in opposition to the bill, it passed the House and Senate on Republican party-line votes before dying on Hobbs’ desk. Woodbury was joined by a slew of other activists, allies and children in schools in sharing tear-jerking testimony about the dangers of the bill in January.

Even State Rep. Lorena Austin, a Democrat from Mesa who uses she/they/ella pronouns, shared her own experience as a grade-schooler contemplating suicide because of a lack of support at home. School was her sanctuary, she told fellow lawmakers in April.

“I want to thank the young people who bravely testified against SB 1001 at the Legislature. To you, I promise to be an ally and to uplift your stories,” Hobbs wrote in her May 19 letter. “Additionally, I would like to thank Representative Lorena Austin for telling their story and speaking the truth.”

More anti-LGBTQ bills headed to Hobbs?

Hobbs took aim at her first anti-LGBTQ bill when she vetoed SB 1005 on April 11. Also sponsored by Kavanagh, the measure allowed parents to sue teachers and schools over allegations that their parental rights were violated. The bill also prohibited parents from being ordered to pay attorneys fees or damages if they lose the lawsuit.

In 2022, then-Gov. Doug Ducey signed into law a bill that created a parental bill of rights allowing parents to have access to all health, counseling and electronic records of their children. The measure originally included a provision that would have forced teachers to out LGBTQ students to their parents, but that language was dropped before the bill passed. The bill took effect in September 2022.

“This bill does not protect parents’ rights but merely encourages litigation — no matter how frivolous — without consequence,” Hobbs wrote in an April 11 letter to Petersen. “Across the country and here in Arizona, schools and teachers have been maligned by bad actors who spread baseless theories, seeking to create conflict with teachers, school boards and administrators. Parents, acting in good-faith concern for their children, are often caught in the middle of these conflicts.”

But Hobbs’ work to shut down attacks on LGBTQ people in the state legislature is far from done. There are at least four more bills that have gained traction in the House and Senate:

• SB 1026, sponsored by Kavanagh, prohibits public money from being used to pay for “drag shows targeting minors.” On May 15, the House passed an amended version of the bill and sent it back to the Senate for final consideration where it is expected to pass and be sent to Hobbs.
  
  
• SB 1028 was sponsored by Republican State Sen. Anthony Kern, who was fired from a police job for lying and told a group of Tea Party activists that "LGBTQ rights" would "take over" under Democratic rule. The bill makes it illegal to host drag performances at any public place where the show “could be viewed by a minor.” This would criminalize drag brunches, family drag shows, drag story hours, some musicals and more. On May 15, the House sent the bill back to the Senate for final consideration where it is expected to pass and be sent to Hobbs.
  
  
• SB 1030, also sponsored by Kern, requires permits for drag shows and zones businesses that host them as “adult-oriented." The bill lumps drag performance in the same category as cabaret, adult entertainment and sex work. On May 15, the House sent the bill back to the Senate for final consideration where it is expected to pass and be sent to Hobbs.
  
  
• SB 1698 was sponsored by Republican State Sen. Justine Wadsack, who faces a recall effort over accusations that she has failed to uphold her oath of office. The bill makes it a felony for parents to take their children to a drag show. The parents would have to register as sex offenders, too. On May 15, the House sent the bill back to the Senate for final consideration where it is expected to pass and be sent to Hobbs’ desk.