By Howard Fischer
Capitol Media Services
PHOENIX -- Saying they are protecting women, House Republicans gave final approval Wednesday to legislation to strictly classify individuals under Arizona law on the basis of their biological sex when they were born.
SB 1628, approved on a party-line 31-28 vote, would replace every reference to "gender'' in state law with "sex.'' The former generally refers to how people identify themselves versus the latter which would be determined by biology at birth.
And what has been dubbed by supports as the Women's Bill of Rights would spell out that, as far as the state is concerned, there are only two sexes.
The measure, which already had been approved by the Senate, now goes to Gov. Katie Hobbs. She already has said she opposes any measure she believes interferes with the rights of gay and transgender individuals.
Rep. Analise Ortiz, D-Phoenix, had her own description, calling it "the LGBTQ+ Erasure Act.
"It would have impacts to erase the LGBTQ+ people, particularly transgender and nonbinary people, from public life,'' she said.
But Sen. Barbara Parker, R-Mesa, said this is not about discrimination.
"Women are being targeted and being erased, marginalized and disrespected in both policy and law,'' she said. Parker said putting the language into statute would "ensure that women have the language they need to advocate for themselves in policy and in law without having to pretend that sex distinctions don't exist.''
"I know what being a woman means,'' she said.
"It means the incredible honor of being a wife, a mother, a sister, a health professional and, now, a lawmaker,'' Parker said. "I want those same opportunities for my beautiful daughters.''
Rep. Quanta Crews, D-Phoenix, said if lawmakers are so concerned about women and their opportunities they should listen to the various organizations who oppose SB 1628. These range from the Arizona Center for Women's Advancement to the National Council of Jewish Women of Arizona.
"We should listen to the people who are the most impacted,'' Crews said. And she said if lawmakers want to advance the rights of women, there is a better way to do that: ratify the Equal Rights Amendment, a vote that has failed multiple times in the Republican-controlled Legislature.
Rep. Selina Bliss, however, said this bill is necessary.
"For the past several years there has been a deliberate effort to redefine 'sex' to mean 'gender' or 'gender identity,' allowing biological males to self-identify into women's spaces,'' said the Prescott Republican. "This is not, folks, a hypothetical threat.''
As proof, she cited instances where female athletes have lost competition and spots on team rosters to biological males.
"We've seen incarcerated women sexually assaulted and impregnated by males who have transferred into female prisons,'' Bliss continued. "And we've seen young women forced to share private spaces including locker rooms with fully intact males who identify has females.''
She said women and girls who do not consent "have been threatened and shamed and silenced into submission.''
But Rep. Oscar De Los Santos, D-Laveen, said there's a legal problem with barring the definition of "sex'' from including "gender identity.''
"Under federal anti-discrimination law, we know that 'sex' does include gender identity and sexual orientation and requires equal protection for all people, including trans individuals,'' he said.
De Los Santos also pointed out that U.S. District Court Judge Jennifer Zipps last year blocked the state from enforcing a 2022 law that bars students whose "biological sex'' at birth was male from participating in girls' sports in public or charter schools and a private schools that compete with those schools. The judge said that law violates Title IX, the federal statute that bars discrimination based on sex in educational opportunities.
"This law is unconstitutional,'' De Los Santos told colleagues of SB 1628.
Separately, the House on Wednesday also gave its final approval on a party-line vote to SB 1182 which is designed to preclude schools from allowing students of different sexes -- defined as a person's "immutable biological sex as determined by anatomy, physiology, genetics and hormones existing at the time of the persons' birth -- to shower together.
What it would to is require schools to provide a "reasonable accommodation'' for those who, for any reason, are unwilling or unable to use a multi-period shower designed for that biological sex.
Rep. Lorena Austin, D-Mesa, called the measure "another example of the national narrative across the country that attacks LGBTQ+ people.''
But Rep. Alexander Kolodin, R-Scottsdale, said for him it's a simple question.
"Men and women who are minors should not be showering together in a school environment,'' he said.
"I think that's common sense,'' Kolodin said. "It's the kind of common sense this GOP majority delivers time and again.''
The measure now needs to be reconciled with a slightly different version that was approved by the Senate before going to the governor.
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