Two weeks after the state of Arizona was sued for its anti-LGBTQ health curriculum in public schools, Governor Doug Ducey (R) signed a repeal of the law.
The law had banned any instruction in the HIV/AIDS health curriculum that “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.” The National Center for Lesbian Rights (NCLR) and Lambda Legal on March 28 therefore brought a federal lawsuit against the state on behalf of LGBTQ-rights organization Equality Arizona, whose members include public school students. They said that laws banning positive views about “homosexuality” can “harm LGBTQ students by fostering school climates that stigmatize and isolate LGBTQ youth, putting them at heightened risk of bullying and harassment.” The law also “has been interpreted by some educators to prohibit discussion of transgender people.” Additionally, they noted, “the rate of new HIV/AIDS diagnoses in Arizona increased significantly from 2011 to 2017, particularly among young people.”
The legislature took action, however, spurred not only by the lawsuit but by the fact that the new Arizona Superintendent of Public Education, Kathy Hoffman, a defendant in the lawsuit because of her office, had herself called for a repeal. Rep. T.J. Shope (R-Coolidge) on Wednesday introduced an amendment in the House to repeal the law, reports AZ Central. It passed 55-5, and quickly moved to the Senate, where it passed 19-10 on Thursday.
“While I recognize the bullying experienced by LGBTQ students will not simply disappear, at least now there isn’t a law on the books that singles me out as someone who should be ashamed of who they are,” said S.C., one of the students whose story was in the lawsuit. “This is a really important first step.”
“I am delighted that state officials and lawmakers moved so quickly to get this law off the books,” said Carol Brochin, S.C.’s mother. “School is supposed to be a safe place where my child, like any other student, can receive education and support that will help as they move through life. The anti-LGBTQ curriculum law did just the opposite, and I couldn’t be happier to see it repealed.”
Michael Soto, Executive Director, Equality Arizona, added, “A state law that explicitly demeaned and dismissed LGBTQ students and their relationships could not help but encourage abuse and discrimination at school. We are glad to see it erased from the books and are grateful to the LGBTQ leaders and allies who made the repeal possible.”
“The writing was already on the wall, considering that the Arizona attorney general had already signaled they were not going to defend the law in court,” explained Lambda Legal Staff Attorney Puneet Cheema. “We are thrilled that state officials have moved so quickly to get this harmful law off the books and allow LGBTQ students—in fact all students—to get access to the medically-accurate information that literally could save their lives.”
Implementing the curriculum changes may take some time, however. AZ Central reports that “Changes will depend on the district and charter school” and will probably not be effective until the shortly before the beginning of the 2019-2020 school year.
Still, this is progress. Thanks to all who worked to make it happen.