Sex-Based ID Legislation Clears Republican Committee Hurdle

A House panel has rejected an initiative from Democratic lawmakers aimed at broadening non-discrimination protections for sexual orientation, gender identity, and gender expression. This decision occurred during a House Government Committee hearing on January 22, where committee members advanced HB2062 along party lines.

The bill, sponsored by Rep. Lisa Fink, R-Peoria, seeks to establish clear definitions for sex-based terms, including “male,” “female,” “man,” and “woman,” within Arizona law. Fink emphasizes that this legislation is designed to safeguard single-sex spaces, such as restrooms and women’s sports.

Fink asserted, “This bill was carefully drafted to ensure it does not create any special rights for women, nor does it take away any rights from others.” In contrast, many Democrats and LGBTQ advocates contest her interpretation, voicing concerns about the potential implications of the “Arizona Sex-based Terms Act.”

Ahead of the committee’s discussion, Rep. Betty Villegas, D-Tucson, expressed her intention to propose an amendment that would extend non-discrimination protections for LGBTQ individuals in housing and public accommodations. “It is long past time to correct this glaring injustice,” Villegas stated, stressing that discrimination has no place in Arizona.

Despite these efforts, Republicans on the committee dismissed the amendment, moving forward with Fink’s bill shortly after President Trump signed an executive order restricting federal funding related to “gender ideology.”

Several LGBTQ activists attended the hearing, including nonbinary attorney Ruth Carter from Phoenix. Carter raised concerns about the potential uncertainty individuals might face when selecting their legal sex should the bill pass. The Arizona Motor Vehicle Division currently permits the designation of “X” on driver’s licenses for nonbinary individuals.

Carter also highlighted the challenges faced by intersex individuals—those with reproductive anatomy that does not conform to standard male or female classifications. The National Institute of Health indicates that approximately one in 5,000 individuals are born with “ambiguous” genitalia. “Think of nonbinary people like people with green eyes. We are rare, but we are real,” Carter remarked.

In recent years, Republican lawmakers in Arizona have pursued multiple legislative efforts to redefine gender in administrative codes and statutes, all of which have faced vetoes from Governor Katie Hobbs. The advocacy group Independent Women’s Voice has publicly supported Fink’s bill, urging Hobbs to sign it after she vetoed similar legislation in 2024.

In her veto letter regarding the 2024 bill, Hobbs asserted, “As I have said time and again, I will not sign legislation that attacks Arizonans.” Supporters of Fink’s bill argue that it seeks to protect women’s rights and safety in public areas, such as bathrooms and locker rooms.

Opponents of the bill express concerns over its implications. Rep. Rachel Keshel, D-Tucson, stated, “There are people that use this, men, that use this as a loophole to go into women’s spaces and assault them. This bill has nothing to do with gender identity and everything to do with sex.”

The proposal calls for state political subdivisions, including school districts, to gather sex-based statistical data that identifies individuals as male or female. Fink mentioned that the bill allows the Legislature to introduce laws providing enhanced protections for specific groups, including LGBTQ individuals, as proposed by Villegas.

Independent Women’s Voice’s Legislative Liaison Paula Scanlan praised Fink’s efforts, emphasizing the importance of defining “woman” to ensure women’s rights are not overlooked. Scanlan, a former collegiate swimmer, advocated for swift passage of the bill.

The future of the bill remains uncertain, especially considering Hobbs’ history. Villegas expressed relief that the bill’s fate would require Hobbs’ consideration after her amendment was rejected.

In 2023, Rep. Lorena Austin, D-Mesa, publicly identified as nonbinary, while Rep. Stephanie Stahl Hamilton, D-Tucson, voiced disappointment over further Republican efforts on this issue. Rep. Patty Contreras, D-Phoenix, indicated that she may have identified as nonbinary if growing up in today’s society.

“Here we are again. Instead of spending time to work on issues, such as housing affordability, education, and water, we are again wasting time to define sex,” Contreras commented, reflecting frustration with the legislative focus.

The committee chair, Rep. Walt Blackman, R-Snowflake, noted the importance of fostering dialogue about different experiences on the House floor. He suggested that moving forward with the bill would facilitate broader discussions.

House Minority Leader Oscar De Los Santos, D-Laveen, is also sponsoring a bill, HB2364, which explicitly includes protections for sexual orientation and gender identity.