Arizona

Find Your State

Know the laws in your state that protect LBGT people and people living with HIV.
NO
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
NO
Does state law protect employees in the private sector from discrimination on the basis of gendeidentity and/or gender expression?
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?

Governor Janet Napolitano issued an executive order in 2003 banning discrimination based on sexual orientation for state employees. See Executive Order 2003-22. However, Arizona does not have a statewide law prohibiting discrimination based on sexual orientation or gender identity or expression. See Ariz. Rev. Stat. § 41-1463.

NO
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference." 

HIV & Healthcare

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NO
Does the state explicitly ban transgender exclusions in health insurance?
Does Arizona have an HIV criminalization law?

NO, Arizona does not have a criminal statute that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct; however, all states have general criminal laws—such as reckless endangerment and assault laws—under which it is possible to prosecute an HIV-positive person for nondisclosure of HIV status prior to sexual conduct.

Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in Arizona in recent years?

NO, there has not been a criminal prosecution in recent years of which Lambda Legal is aware; however, that does not mean that will not be one in the future.

Does Arizona have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

NO, Arizona does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.

Does Arizona have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

NO, Arizona does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.

NO
Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?
Who may adopt?

Any adult. See Ariz. Rev. Stat. §8-103.

Second-parent adoptions:

Not yet permitted.

YES
Joint adoptions?

Consideration of bisexuality (among many other factors) approved in denial of pre-adoption certification in In re Appeal in Pima County Juvenile Action B-10489, 727 P.2d 830 (Ariz. Ct. App. 1986).

Relationships

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YES
Does the state allow same-sex couples to marry?
YES
Does the state recognize marriages of same-sex couples from other jurisdictions?
Does the state offer any other type of relationship recognition for same-sex couples?

No statewide recognition, but some local domestic partnership registries are available, including for example, in Phoenix and Tucson.

YES
Does state law prohibit bullying in public schools?
YES
Does the law include cyberbullying?
NO
Does the law specifically mention sexual orientation?
NO
Does the law specifically mention gender identity?
NO
Does the law also apply to private, non-religious schools?
YES
Is there a state antidiscrimination law that applies (or may apply) to schools?

Ariz. Rev. Stat. Ann. § 15-341 (2012)

“Don’t Say Gay” Law:

“No district shall include in its course of study instruction which: promotes a homosexual life-style; portrays homosexuality as a positive alternative life-style; or suggests that some methods of sex are safe methods of homosexual sex.”  Ariz. Rev. Stat. Ann. § 15-716 (2012) (“Instruction on acquired immune deficiency syndrome; department assistance”)