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What the Law Says in Arizona
ENDA (Workplace Discrimination)
The cities of Tucson, Tempe, Flagstaff, Phoenix and
Mesa include Sexual Orientation (S.O.) in their
nondiscrimination policies. The City of Phoenix also
requires companies who do business with the city to
include S.O. in their policies. Arizona State
Executive Branch workers are protected based on
Sexual Orientation. Gender Identity and Expression
is only protected in Tempe and Tucson.
Domestic Partner Benefits
Pima County and the cities of Phoenix, Scottsdale,
Tempe and Tucson offer Domestic Partner Benefits to
their employees.
Domestic Partner Registry
The City of Tucson allows same sex couples to
register as partners. Benefits are minimal and
include family discounts at city venues such as the
pool, and visitation rights in hospitals and nursing
homes within the city limits.
Hate Crimes
State law covers hate crimes based on sexual
orientation but not gender identity.
Homosexuality in Schools
State law specifically prohibits talking about
homosexuality in schools. Employees are protected in
certain school districts only, such as Phoenix Union
or Tucson Unified.
Arizona State University
Discrimination is prohibited based on gender
identity and sexual orientation.
Marriage (DOMA)
Arizona law states: “Marriage between persons of the
same sex is void and prohibited.” An attempt to put
a constitutional amendment on the Arizona ballot was
unsuccessful, as was the attempt to “send a postcard
to Congress” supporting the Federal Marriage
Amendment (FMA).
Domestic Violence
Same-sex victims are protected in the same way as
any other victim, and have the same rights.
Foster Parenting
Individuals are allowed to be foster parents and
Sexual Orientation is not asked. Couples may be
foster parents only if married.
Same-Sex Adoption
Individuals or married couples may adopt. Sexual
Orientation is generally not asked, so individuals
living with a partner of the same sex may still
adopt.
Second Parent Adoption
Arizona statute only allows adoption by the spouse
of the legal parent; therefore a same sex partner
may not adopt the child of the legal parent.
Insurance Discrimination
Not specifically prohibited in AZ, but generally
there is no discrimination. Couples who want to OWN
policies on their partners, however, do have
difficulty getting coverage.
Used with permission of Arizona Human Rights Fund |
