Hobbs vetoes 'harmful legislation directed at transgender youth'

PHOENIX — Gov. Katie Hobbs vetoed a measure Monday that would have barred teachers and other school employees from knowingly referring to a student by a pronoun “that differs from the pronoun that aligns with the student’s biological sex’’ assigned at birth, regardless of the student’s usage, unless parents provided written permission.

The bill would have allowed school employees to refuse to honor parents’ wishes if contrary to the employees’ “religious or moral convictions.”

The Democratic governor called it “harmful legislation directed at transgender youth’’ and said similar proposals will meet the same fate.

“Instead of coming up with new ways to target and isolate our children, we should be working together to create an Arizona where everyone has the freedom to be who they are without fear of harassment or judgment,’’ Hobbs said in a Twitter post.

The bill’s sponsor, Sen. John Kavanagh, a Fountain Hills Republican, called the veto “reckless and irresponsible” and said it will allow schools to withhold information about students’ gender identification from parents.

Hobbs also vetoed seven other bills Monday, including:

Requiring county recorders to post a list of all registered voters, a list of all who voted in an election, and the unaltered images of ballots used to tabulate results. Hobbs said while she understands it is designed to promote transparency, it threatens the anonymity and privacy of voters and “opens the door to the spread of additional election mis- and dis-information, which there is far too much of already.’’

Repealing a law that bars most cities and towns from having partisan elections for council members. “Arizona’s communities are simply not asking for their local elections to be partisan affairs,’’ Hobbs wrote.

Making it more difficult for cities to create zones free of political signs, saying she is not sure what problem the measure aims to solve. “Arizonans are not asking for more campaign signs in their communities.’’

Creating new requirements for unemployment eligibility and mandating actions the Department of Economic Security must take before providing benefits. Hobbs said too many Arizona workers have struggled to access benefits and “deserve a reliable, timely, and easy-to-navigate system.’’

In total, Hobbs, who took office in January, has now vetoed 94 measures sent to her by the Republican-controlled Legislature.

Requiring parental consent

The school pronouns bill got the most reaction among measures Hobbs acted on Monday.

Another of its provisions would have required teachers to use only the first or middle name listed on a student’s official records. Nicknames would have been allowed only if “commonly associated with the student’s name of record.’’ Kavanagh said that meant Charles could be called Chuck but not Betty.

If a teacher agreed to a student’s request about pronouns, the bill would have required the school to first notify a parent and get consent.

Kavanagh said his aim was to ensure that parents are informed if their children are referring to themselves by a gender other than assigned at birth. He said that would make sure children with “gender dysphoria” could get psychological treatment they might need to deal with depression.

He said his proposal was in accordance with state laws empowering parents to direct the upbringing of their children. It was no different, he said, than requiring parental consent for other school-related issues, ranging from going on a school trip and being on a sports team to taking an aspirin at school.

During House debate on the measure, Rep. Athena Salman, D-Tempe, rejected Kavanagh’s contention the legislation would help children who are questioning their gender identification by ensuring their parents can help.

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She said there are studies saying 70% of transgender youths do not have supportive families. Salman said 33% of trans- and nonbinary youths don’t find their current home a “safe space’’ to speak with the parents about those issues, according to studies.

Kavanagh rejected those arguments. “That situation would be a small, small percentage of the overall cases,’’ he said. “Not that the parents would all be thrilled. But the point where they’d be throwing kids out or threatening them is a minute percentage.’’

He said that the minority should not set state policy.

“Parents have a right to know if their children are in psychological turmoil,’’ he said. Kavanagh said this includes whether children are confused, depressed, anxious, isolating themselves, or needing mental health care because of gender dysphoria.

“Parents can’t get their children the counseling or therapy needed if their school is hiding this information from them,’’ he said.

“For the governor to turn a blind eye to what’s happening is reckless and irresponsible,’’ he said. “I would expect more from a former social worker.’’

‘You have every right to be who you are’

The decision by Republicans to approve the measure on a party-line vote came despite pleas from Rep. Lorena Austin, D-Mesa, who describes herself as the first “nonbinary, gender nonconforming representative,’’ that they consider the effects.

“I can tell you as a young person, if this bill had come through when I was in high school, it would have terrified me,’’ Austin told colleagues. “I was already terrified of knowing that I would not be accepted in the society as such.’’

Hobbs specifically thanked Austin, who uses the pronouns “she’’ and “her’’ along with “they’’ and “their,’’ for “telling their story and speaking their truth.’’

The governor said she wanted to reemphasize Austin’s words to young people that “you have every right to be who you are.’’

School bathrooms bill pending

Still waiting in the wings is another Kavanagh bill. Also passed along party lines, it would require schools to create “reasonable accommodations’’ — meaning a third choice — for any student who will not use a restroom designated for his or her sex.

That measure has already been approved by the House and Senate. But so far, the Senate GOP leadership has not transmitted it to Hobbs.

Senate President Warren Petersen, R-Gilbert, offered no explanation for holding onto the bill. But the legislation will likely meet the same fate as the bill on pronouns.

“I will veto every bill that aims to attack and harm children,’’ Hobbs wrote in rejecting the pronouns bill.