• My Bill Died

    This legislative session, 1289 bills were introduced in Arizona. Every bill that didn’t receive a First Read by last Friday (February 22, 2019) is dead. If a bill doesn’t get a First Read, it doesn’t get assigned to a committee. If it doesn’t get assigned to a committee, it never gets voted on. I could not find a comprehensive list of all the bills that died (or that are still pending for that matter), but among the dead bills is my bill.

    HB2289 would have given Arizona the ability to issue non-binary driver’s licenses. This law would have provided the legal recognition that non-binary people deserve to be treated the same as men and women. It would have helped alleviate the problems that arise when someone’s appearance is discordant to the gender they were assigned as birth.

    The currently law only allows for male and female designations on IDs. There are no other options. Even if you present a non-binary birth certificate or a non-binary driver’s license from another state, they can’t issue you a non-binary driver’s license. Even if the MVD wanted to, it can’t issue a driver’s license with “X” for non-binary. (I know. I’ve tried. Ditto for leaving the field for sex blank. The computer won’t process the application without “M” or “F.”)  

    During this legislative session, I called or emailed Speaker Bowers’ office almost every day. My friends called and emailed him too.  I never received a response, even when I specifically requested a call back. Each time I asked him to give the bill a First Read and assign it to a committee. My requests fell on deaf ears.

    I never asked Speaker Bowers to support the bill. All I asked was that he allow it to be heard.

    Issuing non-binary driver’s licenses is not a new idea. Currently, Washington D.C. and 6 states issue non-binary driver’s licenses: Arkansas, California, Colorado, Maine, Minnesota, and Oregon. (Looking at the pending bills and previously passed laws in other states, Maryland, Massachusetts, New York, and Vermont are the most likely states to be next to grant non-binary driver’s licenses.)

    Wait. Back up.

    Arkansas! One of the states in the “bible belt” is more progressive and accepting of non-binary people than my state!

    Granting non-binary people driver’s licenses that match their gender won’t change most people’s lives, and it shouldn’t be that expensive. It’s a matter of updating a form and some computer software. By not even letting the bill be heard, the State is telling non-binary people that we don’t exist, that we don’t matter, that we don’t deserve the same rights and acknowledgement as everyone else. The State of Arizona is saying we’re second class citizens at best.

    This hurt. Having my bill die without being given a chance was a slap in the face and a kick in the gut. It made me want to figuratively crawl into a corner and cry.

    https://www.flickr.com/photos/taedc/34757503063
    Image by Ted Eytan from Werk For Your Health (Creative Commons License)

    At the same time, I want to scream at anyone who says we don’t exist. I will shop in the men’s and women’s sections if I feel like it. I will cringe every time I hear someone refer to me as “ma’am” or “miss.” I want to take my non-binary birth certificate (thanks California!) and whip it out anytime someone claims we should be forced to use the bathroom based on what gender we were assigned at birth.

    We know we exist. I’m not asking for your validation. I just want the same rights as everyone else.

    If you’re curious about the status of a bill, you can look it up on the State’s website. A lot of good bills died last week.

  • Peeing in Public while Non-binary

    https://www.flickr.com/photos/taedc/42153342040
    Photo by tedeytan from Flickr (Creative Commons License)

    So many issues related to people who are not heterosexual or cisgender come down to two issues: what to wear and where to pee. I’m non-binary. I was assigned female at birth (AFAB), but I had my birth certificate corrected last year. Where do I pee?

    I Don’t Want to Die

    My first rule for using the bathroom in public is, “Pick the bathroom where you’re least likely to get killed.” That may seem funny at first, but it’s a serious issue when you look at the incidents of violence against and murders of transgender persons.  

    Gender Neutral Bathrooms “in the Wild”

    When possible, I prefer to use a gender-neutral bathroom. When I don’t know where the bathroom is in a particular location, I’ll ask an employee, “Where’s your gender-neutral bathroom?” to see (1) how they react to the question and (2) whether they actually have one.

    At many places, the gender-neutral bathroom is also the family bathroom or bathroom for persons with disabilities. Even at the public pool, I use the family bathroom instead of a locker room to get changed.

    Sometimes, using the gender-neutral bathroom is the fastest way to use the toilet because cisgender people will automatically wait in line for other bathrooms. Last year, I attended an event at Symphony Hall. During intermission, dozens of people were waiting in line for each bathroom. I asked an usher where the gender-neutral bathroom was, and they directed me to a nearby single-user bathroom with no line.

    Whichever Bathroom has the Shortest Line

    My general rule for situations where there is no gender-neutral bathroom and there’s no safety issue is to use whichever bathroom has the shortest line, which is usually the men’s room. I can pee standing up. Ok it’s with a shewee, but still, I can do it!

    Early on after realizing I was non-binary, I reached out to a few larger venues in the Phoenix to inquire about their bathroom policies to see how accepting they were. Surprisingly, Scottsdale Fashion Square told me that I could use whichever bathroom I felt most comfortable using. The Arizona Diamondbacks said that they have few gender-neutral bathrooms and those were the ones I should use. I’ve walked laps around that stadium. If the nearest gender-neutral bathroom is off in B.F.E. compare to my seat, I’m using the closest bathroom.

    Gendered Bathrooms – But Go Wherever

    There are public bathrooms, like the ones in Target, that are labeled for a single gender – men or women – but that have a policy that allows people to use whichever bathroom they want. The one time I needed to use the bathroom and I was set on using the men’s room, it was closed for cleaning.

    When a company has a policy like this, I wonder why they don’t just say, “These are bathrooms. Use whichever one you want.”

    All-Gender Bathrooms

    I’m a fan of the water closet model for public bathrooms. Each stall has floor-to-ceiling walls and doors so you can’t see anything that’s going on in the stall next to you. You get as much privacy as one can get in a public bathroom.

    Last week I attended the mastermind event, Shankminds Live, in Las Vegas. The venue had one gender-neutral bathroom with five water closet stalls. At first a few people seemed a little weirded out by being in a bathroom with people of another gender, but after a few moments, they realized it was a non-issue. When I asked my fellow Shankminders about the bathroom after the event, several people (men and women) responded that gender neutral bathrooms should be the norm everywhere.

    One thing I will note about the bathroom at Shankminds is there were no urinals. From what I’ve heard from guy friends, some penis-havers like urinals – really like them. They like them so much, they wish they had one in their home.

    I respect that some people would be sad if switching to all gender-neutral bathrooms meant losing the chance to pee at a urinal, but that doesn’t have to be the case. I know of at least one all-gender bathroom at a club called The Mint where there is a urinal area where people can pee standing up where they won’t be seen by the water closet users.

    Remember: You all have gender-neutral bathrooms in your home. Sharing a toilet with another gender hasn’t killed any of us yet. It’s only an issue if you make it one.

  • LGBTQ Bills Introduced in Arizona

    I did a quick search on the proposed bill for this session in the Arizona legislature and saw that there are at least five bills that are related to LGBTQ rights. I am hopeful that we’ll see progress this year.

    HB2289: Non-binary Driver’s Licenses

    This bill is my baby. This bill will allow the MVD to issue non-binary driver’s licenses and identification cards. All you would nee to do to prove your gender is to submit an affidavit that says you are non-binary.

    This bill has the same verbiage as last year’s bill that died in committee. I was ecstatic to see that this bill has 16 sponsors, but then I saw that it was similar to the number of sponsors it had last year. They are all Democrats, but I believe some Republicans will be willing to support this bill, if for no other reason, because so many other states offer non-binary birth certificates and driver’s licenses. We’re going to have people who move here who only present non-binary documents. If the State refuses to issue non-binary driver’s licenses to these people, they’re asking for a lawsuit.

    HB2156: LGBTQ Equality in Employment

    It’s almost shocking that this isn’t a law yet. This bill will prohibit employers from discriminating against employees based on gender, gender identity, gender expression, sexual orientation, or marital status.

    My first job in Arizona was for the Maricopa County Department of Public Health. At orientation, the presenter went on and on about how they wanted everyone to feel comfortable working for the county and we should report any issues. I flipped to the back of the employee handbook to read the County’s non-discrimination policy. My heart sank when I saw that it didn’t include sexual orientation. This bill will prevent others from having the same experience and provide recourse against bigoted employers.

    SB1047: Conversion Therapy Ban

    If only one of these bills becomes a law, I bet it will be this bill that will make conversion therapy illegal for anyone under 18 years old. Conversion therapy for minors is already banned in 15 states and Washington D.C. Arizona, and every state, should be on this list. This bill also has support from both Democrats and Republicans.

    HB2290: Death Certificates

    This will require death certificates issued in Arizona to reflect the decedent’s gender identity. The murder rate in the transgender community is alarming, and there are issues with the police and the press mis-gendering victims as well as using the person’s “dead” name. This bill will require the state to acknowledge the person’s correct gender if it has been changed on a legal document. If the deceased has multiple documents with different genders, the gender on the most recently issued one will be used.

    Not every transgender person has their gender or name legally changed, so this bill may not help them, but it will help those who have gone through the process. In Arizona, if you are female-to-male or male-to-female transgender, you can legally change your gender on your driver’s license and social security record.

    HB2381: Crime Statistics

    The Department of Public Safety collects information about whether prejudice played a role in a crime. Currently it collects data about prejudice based on race, color, religion, national origin, sexual orientation, gender, and disability. This bill will add gender identity and gender expression to this list. Hopefully this will lead to more complete statistics.

    It’s encouraging to see Arizona lawmakers being so progressive. This is only the beginning of the legislative process. Each bill will have to get through committee and then receive a simple majority vote in the Arizona House (31 votes) and Senate (16 votes) before it will go to the Governor’s desk for a signature.