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.
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 LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
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.
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.
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.
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.
Any adult. See Ariz. Rev. Stat. §8-103.
Not yet permitted.
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).
No statewide recognition, but some local domestic partnership registries are available, including for example, in Phoenix and Tucson.
“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”)